How Much Can I Get After a Car Accident in Texas?

Being the victim of a car accident can feel like a very overwhelming and confusing process for many individuals. After the accident, things start to progress quite quickly, and you want to ensure your rights are upheld. If you were not at fault in the accident, it is very likely that you could qualify for compensation.

At DeHoyos Accident Attorneys, we have experience in this area and know how challenging it can be to get the compensation you deserve. Our goal is to provide you with clear information that will equip you with the knowledge you need after a car accident.

In this article, we will discuss the types of damages you could get after a car accident and the factors that could impact this settlement amount.

Texas Car Accident Settlements

The average claim for injury claims after a car accident in Texas is $45,596. However, this number will look very different depending on the factors involved in the accident and the severity of your injuries.

For minor injuries, the average payout is $8,224, with more severe injury claims going as high as $1,167,808. To get a fair settlement amount, you will need to hire an experienced auto accident attorney to represent you and negotiate on your behalf.

What is Included in a Car Accident Settlement?

If you were not the person at fault in a car accident, you could receive a variety of damages. In the state of Texas, there are three main categories that damages fall into.

Economic Damages

Economic damages apply to almost any accident-related expense or cost that you can prove. Examples of this include medical bills after having to go to the hospital or emergency room for injuries related to the accident. You could also receive economic damages if it is clear that you will have future medical expenses related to the accident.

Other kinds of economic damages include property damage to your vehicle or personal belongings you had with you at the time of the accident. You could also receive damages for lost wages if you cannot work while recovering. Damages can also apply if your earning potential is lowered due to your injuries.

You will need to prove these damages with things like bills, receipts, doctor’s notes, and other forms of documentation.

Non-Economic Damages

Non-economic damages are a little more difficult to prove since they are pain and suffering damages. Although these are harder to prove in court, non-economic damages are just as valid and worth pursuing in many cases.

In Texas, you can only get non-economic damages if you can prove that you were injured in the car accident. These damages can cover things like:

• Pain and suffering
• Disability
• Disfigurement
• Loss of consortium
• Loss of enjoyment of life

Punitive Damages

In very rare cases, you may also be able to get punitive damages. These are damages available when it is proven that the at-fault party caused the accident from extreme or obscene carelessness. The purpose of these damages is not necessarily to compensate the victims but rather to punish the at-fault party.

Factors That Impact the Settlement Amount

Getting compensation after a car accident is easier said than done in many situations. The insurance company may not want to pay, or they may not provide a fair settlement amount. At DeHoyos Accident Attorneys, we have experience in this area and know how to navigate the legal complexities when it comes to personal injury settlement.

The different factors in the accident will also have a huge impact on the settlement amount you could receive. Here are some examples Of factors that could impact your claim:

• Shared fault: Texas is a modified comparative negligence state, which can impact your settlement. If it is shown that there is a shared fault in the accident, you will need to be responsible for less than 51% to receive a payout.
• Auto policy limits: Texas requires drivers to carry auto insurance with a minimum amount for bodily injuries. If the other driver only has the minimum insurance policy, it may not completely cover the extent of your injuries.
• Rehabilitative care: You may be able to receive more damages if you can prove that you will require extensive recovery care such as rehabilitation, therapy, and hospital care.
• Treatment gaps: If you fail to get medical care after the accident, this can impact your ability to get compensation later on. It will be harder to provide documentation, and the defendant may argue that you did not get the injuries from the initial car accident.
• Statute of limitations: There is also the risk of waiting too long to file a claim as there is a statute of limitations. In Texas, the statute of limitation is two years, so if you wait beyond this limit, you won’t qualify for a settlement.

Texas Car Accident Case Studies

There are many examples of successful car accident cases where the plaintiff received a settlement for their injuries. One example is when a plaintiff was stopped at a red light, and the defendant rear-ended her vehicle, causing soft tissue injuries to the plaintiff’s neck, which resulted in headaches.

After going to court, the plaintiff was awarded $2,226 for her minor injuries.

Another example is when a plaintiff was rear-ended by another driver who had fallen asleep at the wheel. The plaintiff suffered soft tissue damage in her neck as well as back injuries due to the accident. The case was settled before going to trial, and the plaintiff was awarded $5,000.

Hire a Car Accident Attorney at DeHoyos Accident Attorneys 

At DeHoyos Accident Attorneys, we have handled hundreds of car accident cases and know how to best represent our clients. We understand that this process can feel confusing and stressful, which is why we are here to provide legal assistance to help you navigate the legal process. We can help you negotiate settlement amounts and present evidence to get what you deserve after the accident.

If you have been in a car accident, call our Houston office today at (832)-745-4878 for legal assistance.