If you or a family member recently suffered injuries and sustained economic losses in a car accident that someone else caused, it is natural to wonder how much you could potentially recover in compensation for your damages. Under Texas law, the driver who caused the accident is responsible for all resulting losses, but the actual process of holding them accountable may be more challenging than you initially expected.
When it comes to the average settlement for a car accident, it is important to understand how the state’s fault rule works, how auto insurance factors into your recovery, and what you can expect from a successful personal injury claim. An experienced car accident attorney can provide an estimate of your case’s total potential value and help determine the full extent of damages you could recover from the at-fault driver.
State law requires every driver to have auto insurance that includes coverage for property damage and bodily injury. When a driver causes a crash, the injured driver has a right to file a claim against the at-fault driver’s insurance policy to seek compensation for their losses. The law requires a minimum coverage amount of $30,000 per person for bodily injuries, up to $60,000 minimum for a single accident, and $25,000 or more for property damage.
Once you prove fault for your accident, you can proceed with filing your claim against the at-fault driver’s auto insurance. Your attorney can ensure the insurance carrier handles your claim appropriately and offers a reasonable settlement under the terms of the policy. Once you recover as much as you can through insurance, any remaining damages must be sought through a personal injury claim against the at-fault driver.
The objective of a personal injury claim is to prove fault for the damages you suffered and to recover compensation for those damages. Under state law, you have the right to claim compensation for immediate economic damages like property damage, medical bills, and lost wages. You may also claim compensation for future economic losses such as ongoing medical bills and lost future income if you have been permanently disabled.
Along with these economic damages, you will also have the right to claim pain and suffering compensation from the defendant. State law allows a plaintiff to claim as much as they believe to be appropriate to reflect the extent and severity of the harm they suffered. Your attorney can help determine a reasonable figure, and if you suffered any permanent injuries, your pain and suffering compensation is likely to form the bulk of your total recovery.
Other factors, such as punitive damages or restitution, could come into play if the at-fault driver broke the law in causing your accident. Conversely, if you share fault for causing the accident, it could diminish your recovery. Consult an experienced attorney as soon as possible so you know what to expect when it comes to the compensation you can claim for your recent accident.
A: If you are able to successfully prove fault for your recent car accident, you can typically expect to recover roughly 1.5 times the total of your economic damages. This accounts for the pain and suffering compensation you are likely able to claim from the at-fault driver. Many variables can influence the total value of any given car accident case, so it’s optimal to consult an experienced attorney for an estimate of your case’s potential value.
A: It is not legally required to have an attorney for your personal injury claim, but the right attorney to handle your case can make a tremendous impact on the outcome of your recovery efforts. Your attorney can assist you in gathering the evidence needed to prove fault, help maximize the total damages you recover from the defendant, and assist you in streamlining your proceedings to reduce the time it takes for you to receive compensation.
A: Texas enforces the modified comparative fault rule. This means that it is possible for a plaintiff to share fault for causing their claimed damages and still have grounds to claim compensation. However, they must be less than 50% at fault. If their fault is less than 50%, the fault percentage is taken from their case award as a penalty, and they keep the remainder. If they are 50% or more at fault, they lose the ability to claim compensation from the defendant.
A: If you file a personal injury claim against the driver who caused your recent car accident, you have the right to claim compensation for all the economic damages they caused. Beyond these direct financial losses, you also have the right to claim compensation for the pain and suffering you experienced. State law does not place a limit on the amount you can claim, so you should consult a seasoned attorney to help determine a reasonable figure to expect.
A: If you are looking for legal counsel you can trust to help file a car accident claim, it is vital to understand their billing policy before you agree to their representation. The majority of personal injury attorneys accept these cases on a contingency fee basis, meaning the client only pays their attorney a fee if and when the attorney wins their case, and their fee is a percentage of the total recovered from the defendant.
The right attorney is a tremendous asset in the aftermath of a car accident. Your recovery process may be more demanding than you initially expected, and having an experienced legal representative on your side can streamline the process of recovering your damages. Stevenson & Murray can provide the compassionate legal counsel you need in this difficult situation, so contact our team today to schedule your consultation with our team.
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