Car accident settlements in Texas can include compensation for losses such as medical bills, lost wages, and pain and suffering. While the specific amount is based on your injuries and other factors, your settlement can range from thousands to millions of dollars.
At the Wilhite Law Firm, our Fort Worth car accident attorneys have decades of experience helping people maximize their compensation after a crash. Contact us for more information on Texas car accident settlements, what factors influence settlement amounts, and how we can help you seek the money you need after a collision.
What Types of Damages Are Available After a Texas Car Accident?
There are two main categories of compensation you can recover after a car accident. The first is economic damages, which refers to the monetary losses you incurred as a direct result of the accident. These damages include compensation for:
- Medical expenses – This includes the cost of hospitalization, surgery, medications, rehabilitation, and other medical expenses related to the accident.
- Lost wages – You may be able to claim lost income for the time you missed if you cannot work due to your injuries.
- Property damage – If your vehicle sustained damage in the accident, you may be able to claim compensation to cover the cost of repairing or replacing your car.
The other category of compensation in a car accident settlement is non-economic damages. Non-economic damages are compensation for the intangible losses you suffered from the accident. These losses are subjective and may include:
- Pain and suffering – These losses are the physical pain and emotional suffering you endured due to the accident and your injuries.
- Emotional distress – This type of loss occurs if you suffer anxiety, depression, and other emotional pain caused by the accident.
- Loss of enjoyment of life – If you cannot participate in activities you once enjoyed due to your injuries, you may be able to claim compensation for your lost quality of life.
It’s important to note that calculating non-economic damages is typically more complex than economic damages. An experienced car accident lawyer can help determine the appropriate compensation for these losses based on the specific circumstances of your case.
How Are Car Accident Settlements Calculated?
To determine the value of your accident claim, your attorney will calculate the total of your economic losses. They will then use their experience in other car accident cases to assess the value of your non-economic losses. They’ll consider the extent of your injuries, the duration of your recovery, and how the injury and its effects have impacted your life. Your lawyer will use this information to arrive at an accurate estimate of the value of your case, which they will demand from the insurance company for your compensation.
Does the Type and Severity of the Injury Affect the Settlement Amount?
If you have suffered serious injuries, such as a traumatic brain injury, spinal cord injury, or broken bones, your settlement amount likely will be higher than if you only suffered minor injuries.
Who Exactly Pays the Settlement?
The at-fault driver’s insurance company is responsible for paying the settlement. If the at-fault driver does not have any or enough insurance to cover the damages, the victim may be able to seek compensation from their own insurance company.
Are There Certain Things That Can Reduce the Amount of the Settlement?
Factors that may reduce the amount of a car accident settlement include the victim’s degree of fault in the accident, if they failed to seek medical treatment promptly, or if they did not follow their doctor’s orders for treatment.
What Can I Do to Increase the Amount of My Settlement?
Here are some steps you can take to increase the amount of your settlement:
- Seek medical treatment immediately – Getting treatment right after the accident is crucial for both your health and your legal case. Not only will prompt medical attention prevent your injuries from worsening, but it will also create a record of your injuries you can use as evidence to support your claim.
- Follow your doctor’s orders – It’s important to follow your doctor’s orders for treatment, attend all your appointments, and take any prescribed medications. This ensures you receive the best possible care and helps show you’re dedicated to your recovery.
- Gather evidence – Collect as much evidence as possible to support your claim. Take photos of the accident scene, get contact information from any witnesses, and obtain a copy of the police report. Keep track of all expenses related to the accident, including medical bills and lost wages.
- Hire an experienced car accident lawyer – A skilled car accident lawyer can help you through the legal process, negotiate with insurance companies, and work to maximize your settlement amount. A lawyer can also help you gather evidence, build a strong case, and advocate for your rights in court.
- Don’t rush to accept a settlement offer – Insurance companies may offer a low settlement amount quickly to try to resolve your case right away. It’s important not to rush into accepting a settlement offer without first consulting with a lawyer. Your lawyer can help you determine whether the offer is fair and advise you on your legal options.
How Long Do I Have to File a Car Accident Claim in Texas?
In Texas, you have two years from the date of the accident to file a car accident lawsuit. It is essential to file as soon as possible to preserve your rights to pursue the compensation you deserve in court.
Contact a Texas Car Accident Lawyer
If you have been in a car accident in Texas, it is crucial to contact a lawyer as soon as possible. A skilled car accident lawyer can guide you through the legal process and aggressively pursue the compensation you deserve. At The Wilhite Law Firm, our experienced attorneys are committed to helping car accident victims get the justice they deserve. Contact us today for a free consultation.