Every car accident is unique, so the amount you can sue for a car accident in Dallas will depend on the details of your case. Remember that lawsuits aren’t your only option after a car accident. Insurance claims and out-of-court settlements can provide compensation, too.
In Dallas, there are no limits on the amount of money you can recover in a car accident lawsuit or claim. The amount will depend upon your losses and damages and the permanency of your injuries. If the Dallas car accident caused a wrongful death of a family member the amount you can recover will also depend upon your losses without any limit or cap.
A car accident lawyer from our firm can investigate your case. We will take a look at the losses you suffered to determine what a fair settlement would look like for you.
What Is My Dallas Car Accident Lawsuit Worth?
Your car accident settlement should compensate you for the losses you suffered. These are some common factors that can impact how much we will want to settle for:
- The type and severity of your injuries
- The outcome of settlement negotiations
- The legal team you choose to work with
- The amount of evidence you or your lawyer uncovers
If you’re curious about the potential value of your case, a legal team could provide you with an estimate. This way, you won’t be going into settlement negotiations uninformed.
Dallas Car Accident Damages You Could Recover When You Sue
Car accidents fall under the purview of personal injury law, meaning there are two standard types of damages available: economic and non-economic.
Economic damages provide compensation for your financial losses, including the following:
- Property damages: In a car accident case, property damages typically refer to vehicle repairs.
- Medical expenses: Through a settlement, you could receive compensation for your hospital bills like prescriptions, physical therapy, and emergency room visits. If you have future medical expenses you can recover for these including any estimates of future care, treatment or surgery.
- Lost income: If your car accident injuries forced you to take time off work, a settlement could reimburse you for your lost income.
- Reduced earning capacity: Car accidents sometimes lead to permanent debilitating injuries – those who earn less due to their injuries could qualify for additional compensation.
Non-economic damages, while less specific, are equally important. This category of damages accounts for the emotional fallout of a car accident, covering losses like:
- Pain and suffering: The physical pain caused by your resulting injuries
- Lost life enjoyment: If you are unable to enjoy activities you once did before the accident
- Mental Anguish: Car Accidents can cause emotional distress and even in severe cases post-traumatic stress disorder
- Impairment or Disability: Whether short-term or permanent, if you suffer from any impairment of any body part or body function you can recover whatever damages will compensate for this loss
- Scarring and disfigurement: Provides compensation for the hardships associated with scarring or the loss of limbs
Remember, these damages apply differently based on the context of your accident. You may qualify for damages not listed here – it all depends on the specifics of your unique case.
What If I Lost a Loved One in a Car Accident in Dallas?
Car accidents can, unfortunately, prove fatal. Luckily, those that have lost a loved one in a car accident have the right to pursue wrongful death damages, which include the following:
- Loss of companionship
- Reduced household earning capacity
- Mental pain and suffering experienced by surviving family members
- Loss of inheritance
- Loss of household services
When Can I File a Car Accident Lawsuit?
Texas’ mandatory liability insurance laws exist to reduce the amount of car accident lawsuits that take place. However, it’s still possible to file a lawsuit if:
- The liability insurer lowballs a settlement offer
- The liability insurer denies your claim
The problem with lawsuits is that they’re often more time-consuming and costly than insurance claims. However, reducing the time commitment of a car accident lawsuit is possible by settling outside of court before the case proceeds to a civil trial.
Car Accident Lawsuits in Dallas Have a Deadline
In Dallas, Texas, you typically have two years after a car accident to file a lawsuit, per the personal injury statute of limitations, Texas Civil Practice and Remedies Code § 16.003. While your case may not require a lawsuit, paying attention to this deadline is still essential. Missing your chance to pursue legal action could harm your case.
Similarly, starting early on your case could give you or your lawyer additional time to gather evidence and identify witnesses. Preparedness is always beneficial in car accident cases.
You Can File a Lawsuit and an Insurance Claim After a Car Accident
In Dallas, drivers must carry liability insurance. This insurance covers the damages of drivers who aren’t at fault. For example, if you prove that another driver caused your injuries in an accident, you could pursue a claim with their liability insurer in addition to filing a lawsuit.
These are the minimum required limits for liability insurance in the state:
- $30,000 in injury coverage per person
- $60,000 in injury coverage per accident
- $25,000 in property damage coverage per accident
When filing a liability claim with an at-fault driver’s insurer, you can’t receive more than their policy provides coverage for. Therefore, if they’re carrying the standard $30,000 liability injury limit, you can’t receive more than $30,000 in injury damages through their insurer. However, you could receive additional compensation by filing a lawsuit or a claim with your insurer, depending on the policy types you carry.
Liability Insurers Aren’t on Your Team
Remember, the at-fault driver’s insurer isn’t on your team. They’re a business aiming to keep its costs as low as possible. To do so, they may attempt to prove that you were at fault for the accident so they don’t have to pay for your injuries.
Always approach the at-fault driver’s insurer with caution. Don’t admit fault, and remember you don’t have to provide them with a recorded statement if you aren’t comfortable doing so. A car accident lawyer can manage insurance negotiations, so you don’t have to.
The Benefits of Hiring a Dallas Car Accident Attorney
Car accidents are a complex blend of legal action, insurance negotiations, and insurance policies. Sifting through these alone, while possible, isn’t easy – this is particularly true if you’re seriously injured.
Working with a car accident lawyer could provide you with focus and clarity. Legal firms typically offer the following services:
- Managing your case from start to finish
- Answering any questions you have about your case
- Explaining your options and next steps
- Filing a lawsuit if needed
- Gathering evidence to determine who’s at fault
The Cost of a Car Accident Lawyer
Car accident lawyers often work on a contingency-fee basis, which means that:
- You pay nothing upfront
- They only get paid when they win or settle your case
- Working with a car accident lawyer can be completely risk-free
Consult With Our Car Accident Team Today for Help With Your Lawsuit
At Domingo Garcia, we’re proud to provide legal representation to those in need. We can offer you empathetic and committed support while you recover from your injuries. You don’t need to face off against insurers and the at-fault party alone. Contact us today for a free case review – during this initial meeting, we can discuss your goals and plan how to best move forward together.