Houston Car Accident Lawyer

In many cases, compensation for pain and suffering is the largest component of a car accident case. It’s helpful to know the legal definition of pain and suffering.

In general, “pain and suffering” refers to non-economic damages associated with a serious personal injury. It can refer to not only physical pain but also to emotional distress.

Determining how much you should be compensated for pain and suffering is highly personal to your case. Two people may experience the same injury, but the effect of that injury on their lives can be vastly different.

For example, if you are a new mother, a back injury may prevent you from picking up your child. If you are a runner, it can prevent you from doing the thing you enjoy. Because pain and suffering is highly personal, it’s important to keep a journal and record each day how the injury has affected you. That journal could be valuable evidence in your case.

Here are some factors in determining how much compensation you deserve for pain and suffering:

• The severity of your injury (ex. Ejected from a car)
• The medical treatment and rehabilitation you were forced to endure
• How long it took you to recover from your injury
• The long-term effects of the injury on your life, if you have suffered a permanent injury

The sooner you contact our attorneys after a car crash, the sooner we can go to work documenting your claim and helping you recover the maximum compensation.

Texas is one of the many states that follow a fault-based car insurance system. That means the person who causes an accident is financially responsible for compensating anyone they injure. If the driver has liability insurance, their carrier should cover the damages up to the limits of that policy.

The Texas Department of Insurance (TDI) imposes liability requirements every motor vehicle driver must meet. Those requirements include coverage for injuries and property damage. Injured parties outside the at-fault driver’s vehicle can file a claim with that motorist’s liability insurer. If their losses exceed the policy’s liability limits or the driver doesn’t have insurance, they can file a lawsuit against the driver.

The state’s modified comparative negligence laws might affect the outcome of an insurance claim or lawsuit. As long as the victim is no more than 50 percent at fault, they can still pursue compensation through a car accident lawsuit. However, the amount of compensation they recover will be reduced by their percentage of fault.

While the modified comparative negligence laws apply only to court cases, they also influence insurance settlements. That’s because adjusters will consider what might happen in court when deciding how much to offer a claimant.

In Texas, you may still be able to recover compensation for an accident even if you were partly responsible for causing the crash. However, your compensation in a car accident case will be reduced by any percentage you were at fault. This area of law is known as comparative negligence. However, you can still recover compensation as long as your fault was not 51 percent or higher.

Since fault is such an important part of your accident case, it is important not to discuss fault with the other driver, the police officer, or any insurance company (yours or other driver’s) before you have discussed your case with an experienced personal injury attorney. You could make admissions that could reduce the amount of compensation you receive for damages such as medical bills, lost wages, and pain and suffering.

Here is an example. Suppose you are broadsided in an intersection by another driver who ran a stop sign. The other driver was clearly at fault. Unfortunately, a percentage of fault could be assigned to you if you made any of the following admissions:

• You were speeding.
• You failed to look both ways before entering the intersection.
• You were sending or reading a text.
• You were drinking.

Insurance company adjusters are experienced at getting people to make admissions that will reduce the value of their claim. Once you hire our lawyers to represent you, we will speak to the insurance company on your behalf.

Our Houston auto injury attorneys will carefully review the facts of your case and protect your interests at every phase of your case, including determining comparative negligence.

In some cases, a claim for personal injuries from a car accident may also be brought against individuals other than the negligent driver.

If the at-fault driver was driving as a part of work-related duties, then the employer may be responsible for the driver’s negligence and the resulting damages.

If the at-fault driver was at the wheel of a vehicle owned by someone else, the owner of the vehicle may be liable for the negligence of the driver. This is known as liability for negligent entrustment. Under this cause of action, the owner of a vehicle who allows someone else to operate it can be held liable for his or her negligent driving when there is an accident. Vehicle owners may be liable if they negligently entrusted the vehicle to somebody they knew or should have known, to be a reckless, incompetent, or unlicensed driver. A Houston car accident lawyer can assist you.

The other driver failed to carry insurance or the insurance isn’t enough. Now what?

You may have options if you are injured and the at-fault party has no insurance or not enough insurance coverage. One example is a Letter of Protection.

Texas has financial responsibility laws that requires all drivers to carry a minimum amount of liability insurance to help cover losses due to their own fault or negligence. In 2011, the minimum amount of liability insurance coverage for bodily injury was increased to $30,000 for one person (up from $25,000).

Often, $25,000 or $30,000 simply isn’t enough coverage to fully compensate persons injured through no fault of their own. Even with mandatory financial responsibility laws, many drivers in Texas simply do not carry insurance at all.

Your attorney can and should investigate the at-fault party’s personal assets to determine the possibility of recovery beyond liability insurance. However, in most cases, people who lack insurance coverage also lack the assets necessary to pay a judgment.

The good news is that there may be other options for recovering compensation. Such as sending a demand letter.

Texas also requires your automobile insurance company to offer you Uninsured/Underinsured Motorist Coverage, known as UM/UIM coverage. This law helps protect drivers from devastating consequences of being injured at the hands of an uninsured or underinsured motorist.

Because the law requires your insurance company to offer UM/UIM coverage, you can only reject it in writing. If your agent didn’t obtain your written rejection, then you may have coverage equal to the limits you carry for your own liability protection.

Your insurance company will have certain requirements of you before you can rely on your UM/UIM coverage. Those requirements should be outlined in your policy. Your insurance company may try to take offsets or claim credits against the amount of UM/UIM coverage it should pay you – some of which may not be allowed in Texas.

It is important to let your attorney investigate all available sources of recovery – beginning with liability and UM/UIM coverage – to compensate you for your injuries.

Car accident reports issued by law enforcement agencies can be powerful evidence when negotiating with insurance companies about your injuries. The opinions of the investigating officer will be shown in the report regarding the cause of the accident and fault of the parties involved.

However, it is important to remember that the police do not have final say on who is financially responsible for an accident. That is a civil matter and is ultimately up to the courts if the parties cannot reach a settlement.

You do not need to obtain a copy of an accident report yourself before you seek the advice of a personal injury attorney. We always obtain the report for our clients.

If you have any questions about car accident reports or your claim, contact us by email or call us. We always provide a free consultation.

If you didn’t cause the accident, you are not liable for any losses resulting from it. If the other driver was at fault, you could file an insurance claim or personal injury lawsuit against the driver to recoup the losses you suffered in the accident. 

It is also worth noting that Texas is a modified comparative negligence state. That means that, as long as you are found to be less than 50 percent at fault for an accident, you can still recover compensation for your losses. However, the amount you can recover would be reduced based on your percentage of fault. For example, if you are found to be 30% at fault for an accident, you can still recover up to 70% of the total value of your losses. 

If you were injured due to another driver’s negligence, you should waste no time filing a claim with the at-fault driver’s insurance provider. You could endanger your claim if you wait too long.

If settlement negotiations fail, then you might need to pursue a personal injury lawsuit to recover the money you’re owed. Texas has a two-year statute of limitations on personal injury lawsuits. If you fail to take legal action against the at-fault party within that time window, the courts will likely dismiss your case, and you would lose the chance to obtain financial relief for your losses.

If someone else caused the car accident that injured you, you could be entitled to damages to compensate you for losses like:

• Medical expenses, including hospital stays, physical therapy, prescription medications, surgery costs, in-home care, and doctor’s visits
• Lost income, if you are unable to return to work while you are injured
• Future lost income if the accident leaves you temporarily or permanently disabled and unable to perform your typical vocational duties
• Pain and suffering, emotional distress, post-traumatic stress disorder (PTSD), anxiety, depression, and loss of enjoyment of life
• Property damage, such as car repairs or vehicle replacement
• Exemplary or punitive damages in exceptional cases of recklessness

If your vehicle was damaged in the car accident, you might need to get a rental car so you can get to work, run errands, and do other daily activities while your vehicle is being repaired. If the accident wasn’t your fault, you could file a claim against the at-fault driver’s insurance company to obtain coverage for rental car expenses.

You could also turn to your own insurance policy if you pay for rental car reimbursement coverage. You can recoup the cost of a rental car through a rental car policy regardless of who was at fault for the accident. The insurance company can offer you recommendations regarding body shops and rental car companies in the area. Still, you should also do your own research as well, since insurance companies will sometimes recommend auto repair shops with which they have business relationships in order to save money.

It’s impossible to say how long any case may take to settle. The duration of a car accident settlement depends on various factors, including:

• The insurance company’s claims review process
• The extent of your injuries
• Whether liability is clear
• The number of parties at fault
• What evidence is available

It could take some time before you hear from the insurance carrier after filing your claim. Some companies don’t have enough adjusters to handle the caseload, causing significant delays.

Some accident victims resolve their claims within a few weeks or months. Stronger evidence might prove fault more conclusively, making it easier to hold them financially responsible for injuries and losses.

However, the insurance adjuster might take their time reviewing your claim and investigating the accident. They are incentivized to avoid accepting that their policyholder is at fault. If they claim you’re to blame, you may need to file a lawsuit to get the money you deserve. That can extend the timeframe for settling the case.

Depending on your policy, there might not be a strict deadline for when you must go to a doctor after a car wreck. However, it’s best to start treatment promptly – ideally within 72 hours. You should seek medical attention after leaving the accident scene. That way, you can determine whether you need follow-up care, appointments with a specialist, surgery, or imaging.

The initial medical provider can evaluate your condition and advise you of the ongoing treatment you need to heal. Attending every appointment is vital. You should always follow the recommended plan until your physicians release you or determine you will not get better with further treatment.

Waiting weeks or even days before the initial doctor visit can harm your case and recovery. Insurance companies want to avoid significant payouts. They can deny claims if there’s a lack of medical evidence. Gaps in treatment also justify lowball settlement offers since medical costs don’t appear that high.

If you go to the hospital right away, you reduce the risk of the insurance adjuster arguing against the extent of your injury. You can discuss a plan with your physician and start the recommended treatment. Every appointment will produce a record with information that can show the insurer the symptoms and limitations you experience after the collision.