Brian White | February 13, 2023 | Car Accidents
The consequences of any car crash, big or small, can be incredibly stressful. Traffic collision cases involve many moving parts and can take months and even years to resolve. Sadly, many victims of Texas car crashes can become caught up in insurance claims and lengthy lawsuits and be left with thousands of dollars in medical bills.
Car Crash Claims in Texas Explained
In Texas, settling a car accident case typically involves negotiations between the parties involved and their insurance companies.
Although insurance companies are notorious for offering victims low amounts, an experienced personal injury attorney can intervene to seek rightful compensation.
However, every case is unique. The case may proceed to court through a lawsuit whenever you and the opposing parties cannot reach a settlement agreement.
After a Texas traffic collision, the parties involved typically file insurance claims with their respective insurance companies. The insurance companies then negotiate a settlement agreement, considering the cost of repairing or replacing damaged property, medical expenses, lost wages, and other damages incurred due to the accident.
If you reach a settlement agreement, you’ll sign a release that waives your right to pursue any further legal action related to the accident.
Factors for Determining Settlement Amounts
The settlement amount in a Texas car crash claim depends on many factors. As such, every claim will be different, and the final amount can vary greatly.
Some of the most important factors that weigh into a final settlement amount include:
Your attorney will quantify the cost of damages, including:
- Property damage
- Medical expenses
- Lost wages
- Miscellaneous expenses
In addition, the settlement may also include compensation for non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life.
The amount of insurance coverage available may also influence settlement amounts. Texas motorists are legally required to be covered under an insurance policy.
For example, if the party responsible for the accident has a high liability coverage, they may be able to offer a higher settlement to the other party.
The strength of the evidence in the case also influences many Texas settlements. This evidence includes eyewitness testimony, medical records, and other documentation supporting the parties’ claims.
If you and the opposing parties cannot reach a settlement agreement through standard negotiations, your attorney may recommend moving forward with mediation.
Mediation is when a neutral third-party representative helps the parties reach a mutually acceptable settlement agreement. Mediation can be quicker and less expensive than going to court, allowing the parties more control over the outcome of the settlement.
Many attorneys see going to court as the nuclear option, as trials can be lengthy, expensive, and tack on extra stress for victims of car crashes.
Litigation in Court
The case may proceed to court if you’ve exhausted your options and can’t reach a settlement agreement through negotiations or mediation.
In court, a judge or jury will hear evidence and decide who was at fault for the accident and the amount of damages that should be awarded. This process can be time-consuming, expensive, and unpredictable.
It is important to note that in Texas, the statute of limitations for filing a lawsuit related to a traffic accident is two years from the date. If a settlement agreement is not reached within two years, the parties may no longer be able to pursue legal action.
Contact an Experienced Car Accident Lawyer for Help
Settlements are often the best choice to resolve a car crash claim and move on with the healing process. A seasoned personal injury lawyer can help negotiate your settlement to obtain the best compensation.
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Houston, TX 77098
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