What Damages Can You Legally Claim for Car Accident Injuries In Texas?
If you’ve suffered injuries as the result of a car accident in the state of Texas, you are entitled to file a lawsuit for damages against the other party. The first thing you must be able to do is prove that the other driver was “at fault” and is therefore responsible to pay for both the damage to your vehicle and any injuries you may have suffered.
Dealing with the Insurance Company
Perhaps the most traumatic part of a car accident, next to the damage to your vehicle and the injuries you suffer, is dealing with the other driver’s insurance company.
The thing to remember with insurance companies is that if they paid out on everyone who filed a claim, they’d be broke. The last thing they want to do is take your side, even if their driver was at fault in causing the accident.
For this reason, you may want to consider hiring a Dallas car accident lawyer to represent you. Lawyers are authoritative and intimidating, and insurance companies know that lawyers don’t go away without a fight. If anything, you may find that your claim settles faster, just so the insurance company doesn’t have to deal with the lawyer anymore.
However, this doesn’t mean that you have to settle for less just to settle your claim faster. A good lawyer, like those on our team, will not agree to settle until he or she has gotten the best possible deal for their client.
The “50% Modified Comparative Negligence” Law
The state of Texas follows what is called the “modified comparative negligence” law. What this means is that a Court will decide just how much fault should fall on every driver involved in a car accident.
Put another way, if you were somewhat at fault because you made a turn a few seconds too soon, but the other driver hit you because he wasn’t paying attention, then you may still be able to recover on your claim. The court may find that while you were at fault for, say, 20 percent of the accident, the other driver was at fault for the remaining 80 percent of the accident. Yes, you turned too soon, but the other driver wouldn’t have hit you if he had been paying attention.
So if you were involved in an accident that you feel was partly your fault, you should still file a claim. It is better for a court to find you are entitled to partial relief over no relief at all, and the odds may still be grossly in your favor.
Filing Your Claim
In the state of Texas, the statute of limitations for reporting a car accident is 2 years, so don’t delay on filing your claim. The sooner you file, the sooner you can get what you’re entitled to.
When filing your claim, you can include the following factors that can affect your overall award:
- Loss of wages (past and future)
- Out-of-pocket medical expenses
- The seriousness of your injuries
Other things that will affect your reward include:
- Whether you may have been partially responsible for causing the accident
- The types of insurance coverage you and the other driver have
- The amount of evidence you can offer
The more evidence you have against the other driver, the more willing the other driver’s insurance company will be to settle the case. And the more practiced your lawyer is at arguing cases similar to yours, the better your outcome may be. That’s why, if you choose to hire a lawyer to represent you, you need to invest your money in someone with experience who can and will fight for the best possible reward to compensate you for your damages.
Claiming Damages for Injuries from a Car Accident In Texas
If you have just been injured in an accident, you have the right to be upset and demand justice, especially if the other driver was at fault. Even more upsetting, however, is that the other driver’s insurance company will do all they can to make sure you see very little payout, or no payout at all.
That’s why you need to have a Dallas car accident lawyer by your side. Insurance companies are more likely to work out a settlement when a lawyer is involved, rather than continue to give the “little guy” the runaround. If you’re interested in speaking with one of the lawyers on our team, complete our contact form, or give us a call at 214-305-8277. We charge you nothing unless we win, so what do you have to lose? Call today!
Frequently Asked Questions
- Can You Recover More Than the Policy Limit On Auto Accident Insurance in Texas?
- Should You Accept An Accident Injury Settlement Offer From The Insurance Company?
- Should You Collect Any Evidence At The Scene Of A Car Accident In Texas?
- Do You Have Right of Way When Backing Out of a Parking Space in Texas?
- Can You Sue The Other Driver After A Car Accident In Texas?