top of page
  • Writer's pictureRobert Schuerger

What Is the Average Personal Injury Settlement in Texas? | Schuerger Shunnarah Trial Attorneys

Personal injury cases resulting from car accidents in Texas can have a considerable impact on the life of accident victims. The financial burden can be overwhelming, from medical treatment to lost wages and future hospital expenses.


This is where a car accident settlement can play a vital role in compensating the injured person for their losses.


The amount of compensation a victim can receive from a car accident settlement in Texas will depend on many different factors.


These include the severity of the accident, the extent of the victim's injuries, and the insurance policy limits of the at-fault driver. In general, the average car accident settlement in Texas can vary widely from a few thousand dollars to millions of dollars, depending on the circumstances of the case.


Calculating Car Accident Settlements in Texas

Calculating Car Accident Settlements in Texas


Auto accidents are traumatic events that can leave victims with significant physical, emotional, and financial losses. Calculating car accident settlements in Texas can be a complicated process that requires the expertise of an experienced car accident attorney.


By understanding the factors that determine fair compensation, victims can take proactive steps to protect their rights and ensure that they receive maximum compensation.


Generally, there are two factors determining a car accident settlement in Texas:

  • Economic damages - which are expenses incurred by the victim of the accident.

  • Non-economic damages - which are more subjective and difficult to quantify.

The first type of compensation includes things like:

  • Medical bills

  • Lost wages

  • Future medical expenses

  • Property damages

On the other hand, non-economic damages relate to the victim's loss of enjoyment in life, including the following:

  • Pain and suffering

  • Emotional distress

  • Physical impairment (soft tissue injuries)

  • Permanent disability

  • Scarring and bodily disfigurement

It is difficult to determine an average car accident settlement in Texas because reimbursements can vary depending on the circumstances of the case. However, according to a recent study, the average car accident settlement in Texas is around $15,000.


One popular way of determining the settlement amount in car accident claims is using the multiplier approach. This is where a car accident attorney multiplies economic damages by the type and severity of the injuries. The multiplier could either be two or three, depending on the victim's prognosis.


As a result, if the economic damages total $15,000, but the victim's prognosis is relatively good, the amount would be multiplied by two. This will bring the settlement amount to $30,000+ (usually $45,000).


Circumstances That Determine the Amount of an Average Car Accident Settlement


Typical car accident settlements in Texas can vary greatly. Automobilists who have been injured in a car accident that was caused by an at-fault driver may be able to negotiate reimbursement with the insurance company.


However, if the agency is unwilling to offer a fair settlement, the victim may need to pursue a personal injury lawsuit with the help of a car accident attorney.

  • Length of Time

One important factor in determining car accident settlements is the length of time it takes for the victim to recover. The longer it takes for the injured person to get back to their previous quality of life, the higher the settlement amount is likely to be.


Additionally, serious car accidents that result in long-term or permanent impairments can result in higher claims to compensate for lost wages.

  • Interference

In some cases, a car accident can interfere with a person's ability to perform day-to-day tasks or their ability to engage in activities they once enjoyed, such as playing sports or exercising.


These types of losses are also accounted for when calculating damages, usually falling into the non-economic damages category.


Factors That Diminish a Texas Car Accident Settlement Claim


Car accidents can leave both drivers and passengers with serious injuries. At a time like this, it is normal for the victims to feel overwhelmed and unsure of how to proceed.


The complexities of negotiating a Texas auto accident settlement with an insurance company can be daunting, particularly in this state, where the rules governing car accident claims are tricky.

  • Comparative Fault

Texas follows the modified comparative fault rule, which means that if a victim is more than 50% at fault for the car accident case, they cannot recover compensation for damages.


However, if the victim is less than 49% responsible for the crash, they might be able to recover a settlement determined by their percentage of liability in the accident.


The at-fault driver's insurance company will exploit this rule and argue that the victim caused the accident or contributed significantly to the crash.

  • Delayed Treatment

On the other hand, the insurance company can also argue that the victim's injuries are not severe because they delayed medical treatment.


As a result, this can give the insurance company a loophole to dispute the victim's injuries and pay less than they deserve. Therefore, seeking medical treatment as soon as possible after a serious car accident is necessary.

  • Witness Statements

Third parties at the scene of the crash can help strengthen a typical car accident settlement claim, and their statements can play a critical role in determining fault.


However, if there are conflicting statements from witnesses, the insurance company can argue the victim's version of events is incorrect. It is essential for the no-fault driver to have a car accident attorney investigate the incident and gather evidence to build a strong case.

  • Dishonesty

The civil court can deny a car accident settlement claim if the victim is dishonest. It is essential to be honest with the insurance company and the personal injury attorney about all the facts and circumstances of the accident.


Lying or hiding important information can lead to a denied claim or a much lower average settlement.

  • Negligence

On the other hand, the victim's negligence can also reduce the amount of compensation they receive in a car accident claim.


In this instance, not wearing a seatbelt can lead to reduced compensation for injuries sustained in a car accident. The insurance company can argue that the victim's negligence contributed to their injuries, and hence, they should be compensated less.


While the factors mentioned above can diminish an auto accident claim, there are still several ways to ensure a fair settlement.


Generally, a car accident lawyer can help victims negotiate with the insurance company and defend their rights. The following are some of the damages that a victim can receive:

  • Medical bills

  • Lost wages

  • Long-term medical expenses

  • Pain and suffering

  • Property damage

The amount of compensation for motor accident claims can vary widely, depending on various factors, including the severity of the injuries and the at-fault driver's insurance policy limits.


On average, an auto accident claim in Texas is around $15,000 to $25,000. However, a personal injury lawsuit can result in a higher settlement amount.


Seeking Professional Help from a Car Accident Lawyer

Seeking Professional Help from a Car Accident Lawyer


Victims often find themselves in a difficult position in the aftermath of a motor vehicle accident. They may be dealing with severe injuries and piled-up medical bills while struggling to make ends meet financially.


The insurance settlement process can be extremely complex, and insurance companies don't always act in their client's best interests. Plus, trying to prove fault and negligence can be a time-consuming and emotionally draining battle.


This is where an auto accident lawyer comes in. Professional legal representatives can help clients fight for their rights and get them the compensation they deserve.


Qualified Dallas injury attorneys can help victims with every aspect of their injury claim, from investigating the accident and gathering evidence to negotiating with the insurance agency for maximum compensation.


An experienced law firm can access witness statements, medical records, and police reports and use them to build a strong case. It can also determine if there is any evidence of negligence or wrongdoing by the other party. They can also answer questions like, "What is the statute of limitations in Texas for personal injury?"


In the case of severe injuries, physical therapy, rehabilitation, and ongoing medical treatment are important.


All these expenses need to be factored into the injury claim. As a result, a professional auto-accident lawyer will help the victim calculate their damages and ensure they get the settlement they deserve.


Final Words


Car wreck victims can face serious trauma, including long-term brain injuries. Wrongful death cases are also quite common in Texas.


While the injured driver(s) may be entitled to compensation, insurance companies can make it difficult to secure the maximum compensation required to cover all the costs incurred.


The legal battle can be overwhelming; however, with the help of a professional accident lawyer, the victim will have a better chance of receiving the settlement they deserve.


Many law firms offer free consultations for victims of auto accidents. The lawyer can assess the case during the consultation and advise the client on their legal options.


If the plaintiff decides to pursue the case, the attorney will ensure they receive maximum compensation from their insurance claim.


Boasting "We Go to War for You" as its dominating slogan, Schuerger Shunnarah Trial Attorneys can gather evidence, handle negotiations with insurance adjusters and the at-fault parties, and ensure fair settlements for auto-accident victims. The right legal help can make a significant difference in the outcome of the case.

Comments


bottom of page