Brian White | August 22, 2023 | Car Accidents
If you were involved in a car accident, you may be wondering how much you can sue for. In Texas, there are technically no limits on the amount of economic damages you can recover after a car accident through a lawsuit in a court of law.
While Texas does limit the amount of non-economic damages available in medical malpractice claims, non-economic damages for car accidents are not limited.
Texas does limit the amount of exemplary (punitive) damages you can collect. Exemplary damages cannot exceed two times the amount of economic damages or $200,000 plus an amount equal to non-economic damages, not to exceed $750,000.
Liability Insurance
If you were injured in a car accident, you will likely be dealing with an insurance company. The amount of compensation you can receive will depend on the specific insurance policy. Texas has minimum insurance requirements that each motorist must abide by.
Texas law requires drivers to have at least $30,000 of coverage for injuries per person or a total of $60,000 per accident. Drivers must also have $25,000 of coverage for property damage.
If you are involved in a multi-vehicle accident, minimum liability coverage may not be sufficient to pay for damages and injuries that you’ve sustained.
At this point, you may pursue a personal injury lawsuit against the at-fault driver – however, they might not have the funds to pay those additional damages. This is why the at-fault party’s liability insurance coverage can limit your compensation, as the insurance company won’t be liable for damages above the policy limits.
What if the At-fault Driver Is Uninsured?
Even though Texas law requires minimum liability coverage, some motorists continue to drive uninsured. If the at-fault driver does not have insurance, you can bring a personal injury lawsuit. However, it is unlikely that you will actually recover compensation from an uninsured driver.
Uninsured motorist coverage pays you if you are hit by someone without insurance. Insurance companies are required to offer you uninsured motorist coverage. If you wish to decline this coverage, you must notify the insurance company in writing.
Having uninsured motorist coverage can help you avoid paying for medical bills and vehicle repairs out-of-pocket.
Can an At-fault Driver Sue?
Texas is a modified comparative fault state. This means that you can still recover compensation if you are less than 51% at fault for the car accident. If you are more than 50% at fault, you will be barred from recovering damages.
If you are also at fault for the car accident and awarded damages, the amount you can recover will be reduced in proportion to your amount of fault. If you are found to be 40% at fault for the accident, then your $100,000 in damages will be reduced to $60,000.
What Determines How Much I Can Sue For?
If you are involved in a car accident, several factors will determine how much you can sue for. If you suffer severe injuries, it is more likely that your case will be worth more.
When determining the seriousness of your injuries, the following factors are often considered:
- If your injuries are permanent
- How long an injury will continue to impact you
- The impact your injuries have on your ability to earn an income
- The impact of your injuries on your quality of life
- The potential cost of your medical treatment
The financial costs of your injuries and property damage, in addition to the pain and suffering you’ve experienced, will also help determine how much compensation you can pursue.
A car accident may result from the actions of several different parties. Your car accident could be partially your fault or the fault of another motorist. However, sometimes car accidents are caused by factors outside of a driver’s control.
The following are parties that may be liable for a car accident:
- A government entity
- Premises owners
- Vehicle manufacturer
- Vehicle parts manufacturer
- An auto mechanic
- Trucking company
It is possible that more than one party can be held liable for your injuries. An experienced car accident attorney can help you determine what your case is worth.
How Your Case’s Value Is Calculated
Several factors help determine how your case is calculated. After you hire a personal injury lawyer, your case will be thoroughly investigated. Evidence, including your medical records, will be reviewed. This will help your legal team get an idea of the costs you’ve incurred and determine the projected costs of your injuries throughout your lifetime.
The following are damages that your attorney can pursue on your behalf:
- Medical treatment
- Future medical care
- Lost income
- Reduced earning capacity
- Disability
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death
This list represents just a few examples of the types of damages you can get after a car accident.
How To Increase the Value of a Car Accident Case
You must prove your damages in order to recover compensation. You will need documentation to show damages.
The following steps can help you build a strong case and recover compensation:
- Seek medical attention immediately
- Take photos and videos of the accident scene
- Take your own notes regarding the accident immediately after it occurs
- Gather contact information for witnesses at the scene
- Contact an experienced personal injury lawyer
- Complete any medical or psychological treatments and retain your medical bills
Remember that your statements following a car accident can be used against you. Do not admit fault for the accident, even if you believe that you are responsible. You should also not agree to provide a recorded statement to an insurance company without first consulting with a personal injury lawyer.
How Can a Car Accident Attorney Help with My Claim?
Hiring a car accident attorney can help protect you if an insurance company attempts to blame you for the accident or offers you a low settlement. It can be difficult to negotiate with insurance companies on your own. Your attorney will advocate for you to get a fair settlement or represent you at trial if necessary.
An experienced car accident attorney will determine the value of your case and work to get you the compensation you need.
If you were recently injured as a result of another driver’s negligence, contact a qualified car accident attorney for a free consultation.
For more information, contact the Houston car accident law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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Houston, TX 77098
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