There are several ways car accident victims can receive compensation for their medical bills and resulting damages. While some cases go to trial, the ideal solution is to reach a settlement outside of court.
In fact, most accident claims in the state of Texas settle through direct negotiations with the insurance company. If these negotiations are unsuccessful, then a court verdict will be needed to determine the outcome of the trial.
No two accidents are the same, which is why compensation varies. The best thing that you can do to maximize your compensation is by working with a skilled legal team who can help you navigate various car accident settlement factors.
Why Texas Car Accident Settlement Amounts Vary So Much
There are so many factors that affect the amount of compensation that is available. Not only does the severity of your injuries play a role, but fault/liability is also factored into the settlement negotiations. Additionally, the amount of available insurance coverage always affects car accident settlement amounts in Texas.
Other factors that need to be considered are the timing of your insurance claim and the quality of evidence used to build your case. Having a strong legal strategy will make a big difference in how much compensation you receive and whether you receive any settlement at all.
Injury Severity: The Biggest Driver of Compensation
The most important thing that will affect Texas car accident compensation is how severely you were injured. If you only had minor injuries, then it will typically result in lower payment amounts.
On the other hand, more serious injuries increase medical costs and recovery time. Plus, more compensation is available due to the long-term impact of these injuries. The highest value accident claims usually involve severe situations that have a life-long impact on a person’s life, such as brain injuries, spinal damage, or any other type of permanent disability.
In order to maximize the amount of your Texas car accident compensation, our legal team is proactive about collecting as much evidence as possible to prove the severity of your injuries. For example, we’ll build your claim with medical records, diagnostic imaging, and documentation showing the ongoing treatments that are required for your injuries.
Fault, Liability, and Texas Comparative Negligence
In the state of Texas, one of the car accident settlement factors that is considered is known as the comparative negligence rule. The percentage of fault is determined based on the evidence of the case, and then the settlements are adjusted accordingly.
For example, if you hold more than 50 percent fault for the accident, then you won’t receive any compensation. If you are partially at fault (less than 50 percent), then your settlement is decreased based on the percentage of responsibility that you are assigned.
This is the reason why strong evidence is essential. Our law firm will work hard to prove that the other driver was liable for the accident, which can help to increase your compensation.
Insurance Coverage and Policy Limits
You also need to consider insurance coverage if you are wondering what affects car accident settlement amounts. For example, the recovery amount can be capped by Texas’s minimum insurance limits. Even if the at-fault driver has insurance coverage, their policy might not cover the full amount that needs to be paid.
In this situation, you might be able to receive additional compensation through other types of insurance coverage, such as uninsured or underinsured motorist coverage. Our legal team will help you explore all available options to ensure that you receive the optimal settlement based on the circumstances.
Economic Damages: Measurable Financial Losses
The term “economic damages” refers to specific financial losses that can be measured. It’s easier to put a dollar amount on these types of financial compensation because you have bills and invoices that show the amount of money spent. Examples of economic damages include:
- Past medical expenses
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Out-of-pocket costs, such as medications and transportation
Our legal team will help you strengthen these claims with solid evidence and documentation. We can also bring in expert testimony to prove the cost of your economic damages.
Non-Economic Damages: Pain and Life Impact
Other types of compensation can be more challenging to prove. Things that fall in the category of non-economic damages include:
- Physical pain
- Ongoing discomfort
- Emotional distress, such as anxiety and PTSD
- Loss of enjoyment of daily activities
The severity of your injuries and the duration of how long these injuries impact your life need to be proven. The more the injuries affect your overall well-being and daily activities, the higher the value of your case.
Timing and Medical Treatment Decisions
It’s helpful to have an experienced legal team that can guide you through these car accident settlement factors and the resulting decisions about accepting compensation. For example, if you settle too early, then there is a risk of underestimating the future medical costs.
Also, keep in mind that there is a statute of limitations for filing your claim. You can only pursue a claim for a certain period of time (based on the location where the accident occurred). If you miss this deadline, then you miss the opportunity for a settlement.
Even if you still have time to meet the statute of limitations, there is no reason why you should delay the claim. The sooner you get started with building a strong case and gathering relevant evidence, the easier it is to get fair compensation for the accident.
FAQs
How much is the average car accident settlement in Texas?
Each accident is unique, which is why it’s difficult to compare the average car accident payout. The amount that you receive depends on the severity of your injuries, insurance limits, and fault.
How long does it take to settle a Texas car accident claim?
If it’s a simple case, then it’s possible to resolve the settlement in just a few months. More complicated cases can take a year or more.
What Really Determines Your Texas Settlement
The most important factor that will influence the settlement that you receive is whether you hire an experienced legal team to help with your case. Never accept the first settlement offer, and don’t make the mistake of waiting too long to get legal advice.
In fact, victims who have legal representation often receive higher settlements. Our legal team is here to help every step of the way to ensure that you receive fair compensation. Contact us at Green Law Firm to learn more about available legal services: (956) 542-7000.
