It is difficult to state a precise figure for the average settlement for a car accident in Texas. However, in 2018, the Insurance Information Institute (III)found the national average property damage liability claim was nearly $4,000. They also reported that the average bodily injury liability claim was close to $16,000.
Nonetheless, every car accident case is unique. Severe injuries like traumatic brain injuries (TBIs) could raise the cost of your accident. Cycling and pedestrian accidents involving cars can cause significant losses. As a result, your settlement amount will depend on factors related specifically to you and your accident. A Dallas car accident lawyerand Houston car accident lawyer can help by analyzing these factors.
You Could Have the Right to Seek Compensation from the At-Fault Driver
If another driver caused your car accident, you have the right to pursue damages to pay for injuries and expenses. A fair settlement considers every aspect of your losses, from your injuries to your lowered quality of life.
You could be entitled to awards for:
- Emergency transportation and emergency room treatment
- Medical treatment and procedures
- Medications, medical devices, prosthetics, and mobility aids
- Hospitalizations and long-term nursing services
- Physical therapy and cognitive rehabilitation
- Lost wages and loss of your future earning capacity
- Vehicle and personal property damages
- Compensation for your physical pain, emotional suffering, and loss of enjoyment
Fatal Motor Vehicle Accidents
If your loved one sustained a fatal injury in a car, pedestrian, or other roadway accident, you might have the right to awards for their wrongful death. According to Texas Civil Practice and Remedies Code § 71.004, the following parties have the right to recover wrongful death damages:
- The decedent’s surviving spouse
- The decedent’s children
- Parents of the deceased
These parties could secure lost wages and inheritance and pain and suffering damages. Your legal team can help you with the process of filing a wrongful death claim or suit.
How Can You Calculate the Value of Your Settlement?
No two car accident cases are the same, and the value of every case is different. Factors that can impact your settlement amount include:
- Your age and health
- Your wages at the time of your accident
- Whether or not you can return to work
- Whether or not you suffered temporary or permanent injuries
- Your out-of-pocket medical expenses
- Estimates regarding your future medical needs
- The extent of your pain and suffering
- The value of your property damages
Insurance companies use a formula to determine your settlement offer. You can find damage calculators online that may provide you with an estimate of your case’s worth. However, these can leave out other personal experiences that deserve compensation.
To receive comprehensive damages, it may be in your best interest to consult a personal injury attorney. Our lawyers are familiar with car accident cases and how insurance companies handle them. We can help calculate and pursue every penny possible for maximum compensation.
The Type of Accident Can Affect Damages
Car accident cases can involve more than just cars—commercial vehicles, pedestrians, motorcyclists, or bicyclists could all suffer a collision with a car. In addition to the factors mentioned above, who was involved and how could affect your ultimate losses.
For example, in a pedestrian car accident, the pedestrian’s injuries could be more severe and cost more than in a collision between two vehicles. Consequently, if you are an injured pedestrian, biker, or cyclist, you might need more extensive medical treatment, experience greater change in your enjoyment of life, and struggle more in daily life after an accident. For example, someone with a TBI or spinal cord injury may have a longer road to recovery, or they may never fully recover.
Fair compensation means analyzing an accident from your perspective. You want a law firm that looks beyond the basics of an insurance claim and at the specifics of your experience.
Texas Insurance and Lawsuit Laws for Car Accidents
Texas drivers must carry bodily injury liability (BIL) and property damage liability (PDL) insurance to pay for accidents they cause. According to the Texas Office of Public Insurance Counsel, the required minimums are:
- $30,000 for injuries to one person
- $60,000 for injuries to two or more people
- $25,000 in property damages per accident
Unless the driver who caused your injuries purchased additional coverage, this is likely the maximum amount of compensation the insurance company will offer. You might not achieve a satisfactory settlement. The insurance adjuster might deny your claim. If this occurs, you could pursue a lawsuit.
According to Texas Civil Practice and Remedies Code § 16.003, you have two years to file a personal injury or wrongful death case. After this date, the court could bar you from taking action.
Texas’s Proportionate Responsibility Law
Texas Civil Practice and Remedies Code Chapter 33does not allow you to seek compensation in a civil suit if you were more than 50 percent responsible for your accident. Additionally, the court reduces any compensation you receive by the amount of fault it assigns you.
While this law only applies to lawsuits, it can impact your insurance settlement. Insurers know the law, so they look for reasons to assign you fault to reduce or deny your claim. A personal injury lawyer can help you fight back against these claims so that you get a fair amount of compensation.
How Can a Car Accident Attorney Assist with Your Settlement?
You can file an insurance claim on your own, but working with our lawyers can take the pressure off you and your family. Our attorneys can:
- Take care of paperwork and deadlines
- File your claims
- Investigate your accident and prove another driver is at fault
- Communicate with the insurance company, protecting you from saying or doing something it could use to reduce your compensation
- Review your settlement offers
- Negotiate for the most advantageous settlement possible
- Represent you in a lawsuit, if needed
We want to help you secure all the resources you need to support your physical and financial recovery. We will be with you throughout the insurance claims process and beyond, if necessary.
Contact Loncar Lyon Jenkins Today About Your Car Accident Settlement
You do not have to fight for an insurance settlement or verdict on your own. Call in the Strong Arm by reaching out to Loncar Lyon Jenkins. Our car accident attorneys mean business. We can take your case to trial to get a fair award, no matter if you were a pedestrian involved in a car accident, or if you were another driver. To find out more, call us for a free consultation.
