How much you can expect from a Texas auto accident settlement depends on the details of your case. One way to understand how much you could expect to recover in your auto accident settlement is to let a lawyer assess your damages. Your lawyer will include current and future accident-related expenses in your demand for compensation.
A local lawyer can explain Texas law and how it impacts the economic and non-economic damages you are entitled to recover. They will create a detailed list of your specific financial and non-financial losses. They will also make sure to accurately list your damages before making a settlement demand or accepting a settlement offer.
Recoverable Texas Auto Accident Expenses
Although it seems straightforward to gather evidence and submit a request for compensation to the insurer, the claims process becomes complicated. You’ll need to make sure the amount of money you demand covers all your losses. On top of this, insurance companies will sometimes undervalue your claim, making it difficult to recover the funds you need. Our car accident lawyer will defend you against bad-faith insurance practices and help you seek a fair settlement.
State laws support your right to compensation. Texas Civil Practice and Remedies Code § 41.001 describes the losses you can request from the liable party. Our team will collect the evidence that substantiates your case and fight hard to recover damages such as:
Medical Care
Depending on the severity of your injuries, your medical bills can range from minor to overwhelming. Without legal guidance and support, it may feel complicated to add up the total cost of your medical treatment.
In your car accident settlement, you can recover the cost of emergency care, follow-up appointments, and hospitalization. You can also recover the costs of prescription medications and assistive medical devices like crutches and wheelchairs.
Where applicable, your lawyer will request compensation for physical and occupational therapy and long and short-term rehabilitation.
Income Loss
The extent of your auto accident injuries will determine your treatment protocol and recovery times. While you concentrate on your physical, psychological, and emotional recovery, your lawyer will ensure you seek compensation for all impacted income streams including:
- Full-time and part-time income
- Freelance and gig-economy work
- Income from a business you own
Any income you lose is generally recoverable as part of your car accident settlement payout. On your own, it is easy to overlook recoverable income losses, especially if you have multiple sources of income. Your lawyer will compile proof of your injury-related income losses and help you fight to recoup them.
Property Damage
If your car suffered damage in the accident, the at-fault driver or their insurer is responsible for restoring your car to its pre-accident condition. If its restored value will negatively impact its potential resale value, you can also recover its diminished value.
If it is a total loss, you do not have to accept the value the insurer places on your car if you believe it is insufficient. Your lawyer will make sure you seek compensation for its accurate value. They will obtain and submit repair estimates and authoritative guides that document your vehicle’s value at the time of the accident.
Lost Life Enjoyment
Accident injuries can change your life and your ability to enjoy the same activities and lifestyle you did before the accident. On your own, it feels confusing to understand how to assign a monetary value to damages such as lost life enjoyment. Your lawyer will explain how non-economic or intangible damages like these are assigned a value.
Pain and Suffering
In car accident cases, pain and suffering refers to the physical discomfort caused by your injuries. We can work with your doctors and speak to your family members to understand how your physical pain has affected you. This allows us to assign a monetary value to this loss.
Mental Anguish
In addition, the recovery process can cause emotional and psychological damage including temporary and lasting post-traumatic stress disorder (PTSD).
Your lawyer will ensure you pursue compensation for the emotional trauma of the accident.
Wrongful Death Damages
The loss of a family member can leave your family in emotional turmoil. It can also permanently change your family’s financial circumstances. In wrongful death cases, Texas auto accident settlement amounts can include:
- Mental anguish experienced by surviving family members
- Loss of your loved one’s financial and familial support
- Loss of consortium, companionship, guidance, and society
Your lawyer will also ensure you understand which family members can benefit from a wrongful death action and who the court allows to file your case. You need to act promptly, as you must follow the state-mandated filing deadlines when pursuing a wrongful death lawsuit.
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How do I Prove the At-Fault Driver Is Financially Liable for the Accident?
You can hold the at-fault driver responsible for your recoverable damages after proving their negligence caused the accident. Your lawyer will collect evidence that proves the at-fault driver:
- Owed you a duty of care, such as the responsibility to drive safely
- Breached their duty of care by driving in an irresponsible manner
- Caused the accident that led to your injuries and property damage
- Caused the damages you suffered after the accident
After we satisfy these elements of negligence, you can fight for an appropriate auto accident settlement. Your lawyer will not tax you or your family with evidence collection. We will use the resources of our law firm to handle this daunting task on your behalf.
Texas Is a Modified Comparative Fault State
Assigning liability is a crucial part of your case and can directly impact how much of a settlement you receive for a car accident. According to Texas Civil Practice and Remedies Code § 33.001:
- You can recover damages even if you hold partial liability for the accident
- You may receive less compensation based on the percentage of liability assigned to you
- You cannot recover any compensation at all if you are at least 50% liable for the accident
Your lawyer will ensure they accurately apportion liability with a robust evidence file that proves the accident’s cause. Your evidence file can include your official auto accident report, accident scene photos, and accident reconstruction reports. It can contain any available video footage and statements from lay and expert witnesses who support your version of events, as well.
Proving the Monetary Value of Your Car Accident Claim
In addition to proving the accident’s cause, you must also prove its past, present, and future costs. This process, too, may feel overwhelming since medical records alone can come from multiple healthcare professionals and facilities.
Your lawyer will make sure to support your compensation request by saving your medical records and bills, paycheck stubs and tax records, and property repair and replacement estimates.
Is There a Time Limit to Reach a Settlement Agreement After a Texas Auto Accident?
While there is no time restriction on negotiating a settlement after an auto accident, there is a time limit on filing a lawsuit. The sometimes-lengthy settlement process, though, may involve:
- Your lawyer drafting and submitting a demand letter
- Collecting proof of the value of your recoverable damages
- Multiple rounds of financial offers and counteroffers
- Reaching an agreement and signing the required paperwork
You also play an important part in how long it takes to reach a settlement agreement since the final decision is yours to make. Your lawyer will review and explain the merits and feasibility of each offer you receive. They will also guide you in making a well-informed settlement decision.
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The Costly Danger of an Expired Statute of Limitations in Texas
The statute of limitations is an important part of your case. No matter how much money you could receive in your car accident case, your entire case is at risk if you file it too late. If the filing deadline expires:
- The courts will not permit you to file your lawsuit at all
- The court may dismiss your lawsuit entirely
Either outcome could mean you will have no legal avenue left that compels the at-fault driver to compensate you. The filing deadline can fluctuate, though, based on many factors, which can make compliance difficult on your own.
The lawyer you hire can help you avoid losing your right to financial compensation by filing your lawsuit on time.
Texas’ Personal Injury and Wrongful Death Statutes of Limitations
It can sometimes take weeks, months, or longer to negotiate an acceptable auto accident settlement. The majority of personal injury cases like yours are resolved with a settlement rather than by going to court. If an acceptable settlement is not forthcoming, your lawyer will file your lawsuit.
In general, Texas Civil Practice and Remedies Code § 16.003 gives you two years to file your lawsuit. In personal injury cases, the statutory clock starts running on the date of the accident. In wrongful death cases, it starts running on the date of your loved one’s demise.
Government and Municipal Agencies Have Additional Deadlines
If you plan to take legal action against a government agency, you could have additional notification and filing deadlines to comply with.
Effectively negotiating a car accident injury settlement will not matter if we do not meet all applicable deadlines. Our car accident attorney will have familiarity with state and local laws that affect your auto accident case. They will also ensure you meet all mandatory filing deadlines.
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What Can I Do to Help My Car Accident Claim?
One of the primary ways you can help your auto accident settlement case is by hiring a lawyer who can oversee the details of your case. There are advantages to working with a car accident lawyer rather than fighting for compensation on your own. A lawyer will:
- Conduct an independent investigation
- Calculate the financial value of your case
- Canvass for photos and video footage
- Speak with involved parties on your behalf
- Negotiate a fair monetary settlement
- Provide updates as your case progresses
If your case goes to court, your lawyer will represent you there and prepare exhibits that support your right to recover damages. Your lawyer will also ensure you understand how the financial recovery process works and how insurance companies use a car accident settlement calculator to determine the value of your case.
What You Should Not Do After a Car Accident in Texas
The days and weeks after a car accident may feel like an emotionally charged time. Like many people, you may want to share news and updates on your case and your recovery via social media. However, anything you say after an accident can risk your case.
You should avoid:
- Making social media posts and comments about the accident
- Assigning blame for the crash or saying anything on social media
- Giving a statement to the insurance company
- Speaking with the at-fault party or any witnesses
The at-fault party’s team can misconstrue your words in an attempt to deny your compensation claim. Let your car accident attorney manage all the details of your case to avoid saying anything that could jeopardize your financial recovery.
Get a Free Evaluation of Your Auto Accident Case
Were you or someone you love injured in a recent car accident in Texas? You have legal options to pursue compensation. Our personal injury law firm will review the details of your case. We will also explain how much you can expect to recover from an auto accident settlement. Allow our team to manage all the details of your case while you focus on your recovery.
Contact one of our consultation team members at Domingo Garcia for a free review of your case. We can answer any questions and offer legal advice when you call us. No-obligation consultations are always free.
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