Determining the average settlement for a car accident in Texas is nearly impossible since award amounts differ by the case. Factors specific to an accident, such as a claimant’s injuries, and losses, vary widely, so accident settlements are not the same.
One way to determine your case’s potential worth is to consult a Texas car accident attorney who can give you information specific to your accident case. Our injury attorney can review your claim’s details, identify and calculate the damages could receive, and manage your case while you recover from your injuries.
How Accident-Related Damages Impact a Settlement Amount for a Texas Car Accident
The severity of your injuries could affect your car accident settlement significantly. For example, you could secure more compensation if you have extensive medical bills, including surgeries and physical therapy. If you suffered severe injuries that forced you to take time off work, your settlement could also include lost income and diminished earning capacity.
Car accident settlements can also include damages related to personal losses, such as reduced or lost quality of life and enjoyment of activities, loss of companionship, emotional anguish, and pain and suffering.
As you pursue a settlement offer, you must provide evidence to prove the value of your accident-related losses, including the following:
- Hospital expenses, such as emergency care and hospital stays
- Doctor’s statements and other medical records
- Income statements for lost work time
- Documents proving property damage
- Photographs and video from the accident site
- Police reports
- Witness statements
- Testimony from loved ones for quality-of-life losses
- Accident reconstruction and other expert witnesses’ reports
For a free legal consultation, call (972) 535-6377
Other Factors That Can Affect Your Texas Car Accident Claim
In addition to proving your injury-related losses and property damage, other factors can influence your case’s outcome and the compensation you receive, including the following:
The Sum of Vehicle Repairs
Generally, the compensation you could recover after an auto accident is the total sum of your injuries and vehicle repairs. To estimate the cost of your vehicle’s damage, you and your attorney will need to know and document the following:
- Your vehicle’s original value
- Your vehicle’s condition at the time of the accident
- The vehicle’s depreciation amount and total mileage
- The cost of auto and property damage repair bills
Because Texas is an at-fault state for auto insurance, the driver responsible for an accident is also liable for compensating the other party(s) for their losses. If the at-fault party is uninsured, underinsured, or the perpetrator of a hit-and-run, you may also be able to seek payment from your auto insurer.
Texas Auto Policy Coverage
As the Texas Department of Insurance (TDI) explains, drivers must have $30,000 of coverage for injuries per person, up to $60,000 per accident, and $25,000 for property damage. When a person is responsible for an accident, liability insurance pays for the repair or replacement of the other driver’s vehicle, damaged property, and victims’ medical bills.
In some instances, these minimum coverages may not be enough to cover all the auto accident-related losses. Therefore, if victims know the liable driver’s identity, then they should consider suing them for damages to obtain the maximum compensation in their case.
How Having an Injury Attorney Can Affect Your Case
Many car accident victims assume that an insurance carrier has their best interest at heart. However, insurers are businesses whose bottom line is to minimize their expenses.
Texas insurance companies must negotiate and offer settlements in good faith and avoid engaging in “unfair claim settlement practices,” per Texas Insurance Code § 542.003. Still, some agencies use questionable tactics to devalue or deny claims. Even if the insurer’s settlement strategy isn’t bordering on deception, it’s uncommon for their initial offer to reflect your claim’s actual value.
If an insurer’s initial offer is too low, an attorney can negotiate on your behalf for a better settlement. Individuals who pursue a claim on their own often accept lowball offers that do not meet their needs. When an individual hires legal counsel, their attorney can help them determine their claim’s total value and fight for precisely what they should recover.
The Proportionate Responsibility Law
Under Texas’ proportionate responsibility law (Texas Civil Practice and Remedies Code § 33.001), you cannot recover damages if the court finds you 51% or more responsible for a car accident. However, if you are 50% or less liable, the court will reduce the amount of your damages by your percentage of fault.
Although this law only applies to civil lawsuits, it can influence the outcome of an insurance settlement. An insurance adjuster’s job is to understand the law as it pertains to them. So, they will look for reasons to assign fault to you to reduce or deny your claim. If this happens in your case, our attorney can seek to prove that the other party’s liability is higher than yours.
Call Underwood Law Office Today After a Car Accident in Texas
You shouldn’t have to fight alone to receive compensation for your car accident and injuries. Reach out to Underwood Law Office today for a free, confidential consultation. We will work on your behalf to recover compensation that helps you recover from your Texas car accident.
While it is difficult to establish the average settlement for a car accident in Texas, we can evaluate your accident and damages and let you know how much your case is worth. Call us today to get started on your case.