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.
However, every car accident case is unique. So, your settlement amount will depend on factors that relate specifically to you and your accident.
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 your injuries and expenses. You could be entitled to awards for:
- Emergency transportation and emergency room treatment
- Medical 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 mental anguish
If your loved one sustained a fatal injury, 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 an award for lost wages and inheritance and pain and suffering damages.
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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
- 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 and 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, it may be in your best interest to speak with a personal injury attorney. Our lawyers are familiar with car accident cases. We can help you calculate and pursue every penny possible.
Texas’s Proportionate Responsibility Law
Texas Civil Practice and Remedies Code Chapter 33 does not allow you to seek compensation in civil court if you bear more than 50 percent of fault for your accident. Additionally, the court will reduce 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 will look for reasons to assign fault to you to reduce or deny your claim.
Texas Insurance Laws
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 has 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 company 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.
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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 of 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, which can protect you from saying or doing something it could use to reduce your compensation
- Review your settlement offers
- Negotiate for the most advantageous settlement possible for your case
- Represent you in a lawsuit, if needed
We want to help you secure all of the resources you need to aid in your physical and financial recovery. We will be with you throughout the insurance claims process and beyond, if necessary.
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Contact Loncar Lyon Jenkins Today
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. To find out more, call us at (800) 777-7777 for a free consultation.
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