In Texas, the minimum compensation amount people get is $30,000 per person, $25,000 for property damage, and $60,000 regardless of the number of persons involved in the accident.
Nonetheless, the average amount is almost impossible to calculate, and even if it was, it would probably not help victims because each case is unique.
Victims should understand different factors to know how much they can get in a car accident settlement. The article explains it all and recommends what people should do in this situation.
How Car Accidents Happen
Unfortunately, in the US, car accidents happen every day. Drivers need to obey laws, act sensibly, be aware of traffic patterns, ensure their vehicles are safe, and make sure they're making the right decisions when they're behind the wheel.
Failure to do one of those things results in negligence, and it could be the cause of a catastrophic or fatal car accident.
Drivers, for example, shouldn't tailgate because then, they won't leave enough space. It's why rear collisions are so common.
Even though the law states that drivers shouldn't be too close behind, it's almost always the fault of the driver who hit the back of the other car.
These kinds of collisions are just one example of car accidents. Here are other common issues:
Speeding accidents
Drunk driving
Rollover accidents
Bicycle accidents
Manufacturer accidents
Pedestrian accidents
Determining Fault - Who's Liable?
Liability is an essential aspect of filing car accident claims. It consists of proving that the other party acted negligently and that victims wouldn't have sustained injuries had it not been for their careless actions.
However, when it comes to getting a car accident settlement, proving negligence could be challenging. Victims must have enough evidence, negotiate with the insurance company, and more. It's why they should always opt for contacting an experienced lawyer.
A Dallas car accident lawyer is the ideal professional to hire if someone wants to get the best outcomes after filing their claims. Nonetheless, before getting legal help, victims must go through different stages.
What Victims Must Do
Victims have responsibilities too, and being in a car accident can be devastating, painful, and confusing. Nonetheless, if they want to get a settlement, they have to make sure they complete specific steps.
Call 911
Firstly, victims must call 911 immediately after they're in a car accident. If they're in too much pain and unable to move, they should ask someone nearby to do it.
The aftermath of being in an accident can be confusing, especially if there was a catastrophe. People who lost limbs or loved ones could be in shock paralysis, and they might not even be able to react to what's going on around them.
However, it's necessary to ensure everyone's safety. Therefore, calling 911 is imperative. Once professionals arrive at the scene, they'll help the people involved.
Take Photos and Videos
If victims can move, they should take as many photos and videos as possible. It'll serve as evidence and help them build their case.
Getting the best car accident settlement depends on being able to prove negligence, and for that, the person will have to show evidence of what happened.
Sometimes, victims are so hurt they're unable to move. If that's the case, they should try to ask someone else to take the pictures for them.
Contact an Accident Attorney
Even though victims can negotiate with the insurance company on their own, they don't have to. Instead, they can contact an experienced lawyer who handles everything related to the Texas auto accident settlement process and advise on how long a car accident settlement takes in Texas.
Car accident claims can be a hassle, and for many victims, the process represents additional stress on top of everything they're going through.
However, with a lawyer's help, it'll be much easier because the attorney will help put together the case and aggressively defend the victim in court.
Attend Medical Appointments
In many cases, the victim of a car accident misses medical appointments because of different reasons.
Even though it can happen, victims should try to always meet with their designated healthcare professionals.
On one hand, when the lawyer is putting together the information for the Texas car accident claim, they'll use different documents as evidence. Medical bills, prescriptions, and reports will be a part of this.
Secondly, the victims' health is the most important thing. Therefore, they should always do what doctors tell them and not miss any crucial appointments.
What Does a Settlement Include?
The typical car accident settlement includes different types of damages, such as economic, punitive, and non-economic ones. Here are all of them in detail:
Economic Damages
These are all financial aspects of the consequences of a car accident. In other words, they consist of what the person has to pay now that they're hurt, and it also includes the expenses they'll have to assume in the future.
Medical Bills
Unfortunately, most victims get hurt when they're in a car accident. In many cases, they might not even notice until some time later when the injury starts hindering their ability to perform their regular daily tasks.
Medical bills are an essential part of the economic damages in a car accident settlement. It's often the case because they're what the victim will use to prove they had to pay for the consequences of someone else's negligence.
Property Damage
Naturally, when someone is in a car accident, their property (meaning their vehicle) will suffer some damage.
Victims trying to get an accident settlement can also include property damage, especially if their vehicle was battered after the crash.
People shouldn't have to take money from their own pockets because of someone else's negligent and careless actions.
Furthermore, victims should always keep in mind that the other party's insurance company agents will do all they can to pay as little as possible.
The key to getting the best results when it comes to a Texas car accident settlement is to contact an experienced attorney.
Lawyers will examine property damage and everything the victim lost or will lose on a financial level, and when the time comes, they'll aggressively defend them in court.
Lost Wages
Economic damages in a car accident settlement not only include what the person is paying; they also consist of what the victim lost due to having been hurt.
If a person is in a car accident, they might lose the ability to earn their regular income because they have to spend some time recovering from their injuries.
Therefore, the car accident settlement must include lost wages. When the victim's lawyer negotiates with the insurance company, they'll make sure the other party pays for everything the hurt person lost.
Future Lost Earning Potential and Lost Wages
As the article mentioned, lost wages are a crucial part of car accident settlements. However, they also include the future possibility of not being able to earn money.
If a person is in a car accident, the crash could be so devastating that they lose a limb or end up with critical physical limitations.
Some people can go through medical treatment. However, many accident victims are never able to go back to the life they used to know.
Even though future medical expenses are included in economic damages, another essential part of a claim is the loss of earning capacity.
Victims might not be able to go back to the job they did, and it could heavily impact their finances.
Although it's a terrible and shockingly painful situation to go through, lawyers exist to help victims. At Schuerger Shunnarah, attorneys go to war for their clients and make sure they get the settlement they deserve.
Non-economic Damages
In many cases, a car accident victim could suffer from other types of damages that don't represent a loss of money or earning capacity.
Trauma, anxiety, suffering, and the loss of a loved one can all leave emotional scars that last for life.
Medical treatment is vital for car accident victims, but other types of damages can be crucial as well. Fortunately, lawyers will defend their clients no matter their circumstances.
Punitive Damages
On some occasions, a person involved in a serious car accident was also committing a crime by the time they crashed.
If it happens, punitive damages could also be a part of the victim's Texas car accident settlement. However, to know for sure, it's necessary to contact a lawyer.
What Factors Can Impact Car Accident Settlements?
Numerous factors can impact car accident settlements and how much the victim gets. It's one of the reasons why getting legal help is crucial - if they don't, the payment might not be fair.
An auto accident is never a one-size-fits-all issue, and two people who are in the same type of crash can suffer from completely different consequences. Some things that could change are the following:
The time victims need to recover.
Behavioral, physical, and cognitive impairments.
The time the person spent at the hospital.
Interference with the victim's ability to work.
The types of therapy the person needs.
Permanent scarring or disability.
The emotional impact of the auto accident.
At the same time, other factors could change the amount of the settlement. The sum of the bills the victim has received, expert testimony on whether or not they can go back to work, possible future medical expenses, and the amount of pain and suffering they've endured and might endure are some of them. Here are others:
Policy Limits
When filing for a third-party injury claim, the negligent driver's cap on their insurance company could limit the victim.
There is a minimum amount negligent drivers must pay in the state of Texas if they're liable. However, if the auto accident damages exceed the other person's limit, the situation could become challenging.
Number of At-fault Parties
When someone crashes another vehicle in an empty street, only two parties might be in the car accident claim.
Nonetheless, if a victim is in a multi-car accident, there might be different avenues for compensation.
Injury Severity
The severity of auto accident injuries is one of the essentials when calculating settlements. A broken leg will require more compensation than a sprained ankle, and spinal cord damage could cost thousands of dollars because it's a catastrophic injury, meaning it'll affect every aspect of their lives.
Calculating Expenses
When it comes to calculating the average car accident settlement, victims must remember that each case is unique.
They might find some numbers online, but they can range from a couple of thousand dollars to millions.
Instead of focusing on the average car accident settlement, victims should put their trust in a lawyer who can effectively negotiate with the insurance company and get the best results possible.
What If the Insurance Company Refuses to Pay?
In some cases, the other party's insurance company might refuse to pay the settlement. It's why victims shouldn't go through the legal process alone.
Lawyers will passionately defend their clients, especially if victims hire the attorneys at Schuerger Shunnarah.
The team's motto at Schuerger Shunnarah is "We go to war for you," so from the moment the victim contacts them with the details of their case, they'll do everything in their power to make sure justice is served.
Unfortunately, dealing with some insurance company agents can get nasty. However, that's partly what lawyers are for - to help clients negotiate and make the process easier.
Contacting a Lawyer
The negotiation process can be challenging. Furthermore, there are many factors to keep in mind when it comes to determining the right amount of settlement the victim should get.
Overall, attorneys want to smoothen out the process, help victims avoid stress, and allow them to go back to their daily lives.
Many victims focus on knowing the average car accident settlement in Texas. However, the best alternative is to contact a lawyer as soon as possible because each case is unique.
At Schuerger Shunnarah, attorneys go to war for their clients. They'll listen to what happened, help victims gather information, put together the case, and passionately defend them.
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