Factors That Affect Car Accident Settlements in Texas
When a car accident occurs, it can lead to debilitating, life-threatening injuries. Even if you escape without physical injuries, the emotional trauma and financial repercussions can last for years. Because of this, it’s important to seek professional help after a crash. A Texas car accident attorney can help you determine the best course of action so that you can achieve a fair settlement amount.
Once you meet for your initial consultation, your car collision lawyer can discuss the factors that affect the size of your settlement. While each case is unique, there are a few common factors that can lead to higher payouts following a crash.
Factors That Affect Car Accident Settlements in Texas
After you get into an automobile crash in Texas, it takes time to heal. Rather than devote your energy to filing a lawsuit, you can let a qualified car crash attorney handle the entire process for you. From understanding factors that impact your settlement to negotiating with the insurer, a skilled car collision attorney can help you get the best outcome for your case.
1. Extent of the Injuries
One of the most important factors in determining how much you receive after an accident is the injuries you receive. If you require extensive, costly medical care, your settlement will likely be higher. After a serious injury, you may have to pay for rehabilitation, long-term care, and other expenses.
Many different types of injuries can lead to high medical costs.
- Broken bones
- Spinal cord injuries
- Whiplash
- Soft tissue injuries
- Traumatic brain injuries
2. Liability and Negligence
Having severe injuries doesn’t necessarily mean you’ll receive a large settlement. It depends entirely on whether you are considered responsible for the accident. If you are 51% at fault or more, the other party doesn’t have to cover your costs.
However, Texas has special rules in place if you are only partially at fault. As long as you are considered less than 51% at fault, you can get a portion of the accident costs covered. For example, someone who is 30% at fault can get 70% of their crash-related expenses covered.
This is one reason why it is so important to work with a car accident lawyer. A skilled attorney can compile evidence, talk to witnesses, and build a strong case. If your level of fault is reduced to less than the 51% threshold, it directly impacts the amount of settlement funds you can receive.
3. Medical Expenses
The extent of injuries directly affects your medical expenses. However, some medical expenses aren’t determined by your injuries. For instance, ambulance companies, hospitals, and medical helicopters can end up charging different amounts for the exact same services.
It’s also important to remember that the settlement is supposed to cover the entire cost of your medical treatment. This means your surgical care, ambulance ride, prescription drugs, and therapy must be covered. Additionally, the future cost of medical care needs to be accounted for.
4. Insurance Coverage
Your insurance coverage impacts how much your settlement will be. Under Texas law, you must be insured for at least $30,000 of coverage for injuries to each person. This caps out at a minimum coverage level of $60,000 for everyone involved in the crash. Additionally, your insurance must cover at least $25,000 worth of property damage.
After an accident, the other driver’s insurance should cover your injuries and property damage if the driver is insured. However, this coverage may not be enough. If the at-fault driver has the minimum coverage, your insurance policy may have to cover the difference. In turn, this can end up impacting the final settlement you receive. Your attorney may need to negotiate settlements with both insurers to ensure that your damages are adequately covered.
5. Your Previous Wages
If you are expected to be incapable of working for an extended period of time, this can change your settlement’s value. Settlements are supposed to reflect the entire cost of the accident. Because of this, your previous wages must be used to estimate your future lost earning potential. To make supporting your case easier, you should keep careful track of your lost wages.
6. Lost Income
In addition to covering your future income, the settlement will also include the cost of your lost income. After an accident, it is normal to miss days of work when you are going to medical appointments. If you are unable to work for extended periods of time, this can quickly add up.
7. Evidence and Witness Testimonies
With the help of your car wreck attorney, you can compile evidence and witness testimony from your case. The strength of your witness testimony and evidence will largely determine the case’s outcome. You need to prove that you are less than 51% at fault so that your damages are compensated.
Witness testimony is just one type of evidence. Dashcam footage and police reports are also important evidentiary materials. Photographs, repair estimates, and medical records can also help you paint a picture of what happened during the crash.
8. The Existence of Long-Term Disabilities
The presence of long-term disabilities will increase your total settlement. Long-term disabilities typically involve more current and future medical expenses. Additionally, they frequently lead to lost wages, which can increase the value of the settlement.
9. Your Attorney’s Skills
One of the most important factors determining your settlement is your attorney’s skills. With the help of a car wreck lawyer, you can navigate the Texas legal system, gather evidence, and demonstrate the damages caused by the accident. A skilled car crash lawyer is on your side, ensuring your interests are represented in the courtroom.
What Causes Car Accident Settlements To Take Longer?
While some accidents can be settled in just a few weeks, it typically takes at least a few months to wrap up a settlement. In some cases, the settlement process can take over a year to complete.
Often, the major issue is waiting for medical treatment. Until the court system understands the extent of your injuries, you can’t settle the case. While you don’t have to completely treat and heal all of your injuries, your injuries must at least be diagnosed so that an accurate estimate can be made. While this can be frustrating for injured parties, it is essential to ensure that all of the injuries are covered by the settlement amount.
Additionally, settlements can take longer because of the insurer. While a car accident lawyer has some control over how quickly the settlement wraps up, the insurer can easily drag out the process if they want to. This is why it’s so important to hire a skilled car collision lawyer because a good attorney can apply pressure on the insurer to get them to wrap up the case in a timely manner.
You should also keep in mind that lawsuits face a statute of limitations. In Texas, you have exactly two years to file your lawsuit from the date that the accident occurred. However, your car accident lawyer can continue to negotiate the lawsuit after it has been filed. This means you can take your time to settle your case as long as it was filed within two years of the accident date.
If your settlement is taking longer than normal, there are a few common reasons why this may happen.
Complexity
If your case is complex, it may take longer to settle. Complex cases often involve serious property damage, major injuries, or many different parties. Because there are more factors involved in the case, it can take longer for it to settle.
Insurer Issues
Sometimes, settlements are slowed down because the insurance company wants to delay the case’s resolution. Insurers may delay the case because they know it places added pressure on you to settle. The insurance company knows that you need money to cover your medical costs and lost wages, so they’re betting that drawing out the process will lead to a better settlement deal for them.
Ongoing Medical Care
Often, people have to navigate long-lasting injuries after a car accident. Unfortunately, insurance companies will generally want to wait until your medical treatment is finished before they pay out your settlement. Once you’ve achieved your maximum medical improvement (MMI), they can accurately calculate what the total damages will end up becoming. Unfortunately, this means that insurance payouts can be significantly dragged out if you require complex rehabilitation, major surgeries, or long-term care.
Liability Disputes
In other cases, settlements get dragged out because there is a dispute. If it is uncertain who is at fault, the insurance company may need to spend more time investigating the case, reviewing police reports, and looking at witness statements. Because Texas allows shared liability, the insurer needs to calculate the percentage of liability you are responsible for before your settlement amount can be determined.
Slow Negotiations
Even when everyone is trying their best, settlements can take a long time to figure out. Your car crash lawyer, the insurer, and other parties have to negotiate a fair settlement. Even when everyone is motivated to resolve the case, this can take time. While it is difficult to wait, it’s important to be patient during negotiations so that you can achieve the best settlement possible.
Get Help From an Experienced Car Collision Attorney
Your legal representation can impact the outcome of your settlement. You need a skilled car accident lawyer to ensure you receive the maximum payout possible. With the help of our experienced attorneys, you can advocate for your rights after a crash.
Once you reach out to a car wreck attorney, we will immediately research your case and review witness statements. We have experience handling accident cases in Texas, so we can quickly build a solid case for you. Through the best car crash lawyer, you can pursue a fast, fair settlement.
To learn more about how a car accident lawyer can help your case, reach out to one of our team members today.