What Type of Compensation Will Your Car Accident Attorney in Houston Pursue?

May 28, 2023

Just Compensation for Your Car Accident Injuries in Houston

When you’ve been involved in a car accident in Texas, it’s natural to wonder what type of compensation will your car accident attorney in Houston pursue. The aftermath of a car accident can leave you facing medical expenses, vehicle repairs, lost wages, and emotional distress. To ensure your rights are protected and that you receive the full compensation you deserve, it’s crucial to have a skilled car accident attorney by your side. Leeds Law Firm, is dedicated to providing exceptional legal services for car accident victims throughout Texas. With our unwavering commitment to client satisfaction and our vast experience in personal injury law, we possess the knowledge and resources necessary to navigate the intricacies of car accident compensation claims. Schedule a consultation with our legal team, and let us provide you with the guidance and support you need during this challenging time. Remember, when it comes to championing your legal rights and fighting for your best interests, Leeds Law Firm stands head and shoulders above the rest. 


Who Pays for My Car Accident Injuries in Texas?

In Texas, car accidents operate under a system called “fault.” This means that the responsible driver and their liability insurance are responsible for compensating the injured party. Essentially, if you get injured in a car accident, you have two choices available to you:

  • Submit an injury claim with the liability insurance company of the at-fault driver.
  • Initiate a car accident lawsuit against the responsible driver, with their insurance company representing their interests.

If you possess specific types of coverage within your auto insurance policy, you can submit a “first-party” claim directly to your own insurance company.


What If I’m Partially Responsible for My Car Accident Injuries?

In Texas, the legal system follows a “modified comparative fault” principle with a 51% bar. This means that in a car accident, the financial compensation, known as damages, is divided among the parties at fault based on their percentage of responsibility. For instance, if two other drivers were found to be 70% and 30% responsible for the accident, you would receive 70% of your compensation from the first driver and 30% from the second driver. The modified comparative fault rule allows you to seek recovery as long as your level of fault is not greater than the other party involved. If you are deemed to be 30% at fault, you can still pursue compensation, but the amount you receive will be reduced by 30% to account for your portion of responsibility. However, if you are 51% or more at fault, you will be unable to recover any compensation.


What Type of Compensation Will Your Car Accident Attorney in Houston Pursue?

If you have been injured in a car accident in Houston, TX that was not your fault, you have the right to seek compensation for the damages you have endured. These damages generally fall into three primary categories: economic damages, non-economic damages, and punitive damages. Let’s explore in detail what type of compensation will your car accident attorney in Houston pursue:

  • Economic Damages
  • In essence, economic damages encompass all accident-related expenses and losses that can be accurately measured and supported with evidence such as receipts, bills, or other documentation. This category includes medical bills incurred at the emergency room, as well as the income lost due to taking time off work for medical treatment or recovery. Examples of costs that fall under economic damages may include:
  • Current Medical Expenses – If you have sustained injuries in a car accident, you probably require various medical services such as ambulance transportation, emergency care, surgeries, hospital stays, doctor’s appointments, therapy sessions, and medications. By partnering with our car accident lawyer right from the start, we can assist you in accessing the necessary medical care without any upfront expenses.
  • Future Medical Expenses – If you anticipate the need for upcoming surgeries, therapy sessions, or in-home care as part of your recovery process, it is possible to estimate and incorporate these future medical expenses into your claim for compensation.
  • Property Damage to Your Car or Other Possessions – It’s important to keep in mind that you have the freedom to select your auto repair shop after a car accident. Don’t let an insurance adjuster or tow truck company dictate your choice. If your vehicle is deemed a total loss, you should receive compensation equivalent to its present market value.
  • Lost Income – If your injuries from the accident are severe, likely, you won’t be able to work during your recovery period. To verify your typical wages and the extent of your missed work hours or days, you can provide supporting documents such as pay stubs, timesheets, and letters from your employer.
  • Future Losses in Wages and Earning Capacity – If you need to make adjustments to your work responsibilities or if your injuries prevent you from continuing in the same role, you have the right to seek compensation for the loss of earning potential.
  • Our Houston car accident lawyer can provide valuable assistance in this regard, including the engagement of expert witnesses such as economists. These experts can analyze the impact of your injuries and provide estimates on the potential income losses you may experience in the future.
  • Non-Economic Damages
  • While tangible damages can be supported by documented evidence, the pain and suffering you endure after a traumatic Houston car accident do not leave behind a paper trail. It can be challenging to assign a specific monetary value to the emotional distress experienced by you and your family. However, that doesn’t diminish the validity of these non-economic damages. They exist to address the emotional impact of the accident and your injuries, but they can only be pursued if you can first establish that you have been harmed. Non-economic damages typically encompass the following costs:
  • Pain and Suffering – Compensation for the physical and emotional distress experienced as a result of the accident.
  • Disfigurement and Scarring – Damages awarded for any permanent physical alterations or visible marks caused by the accident.
  • Disability – Compensation for the loss of physical or mental abilities that significantly impact daily life and functioning.
  • Loss of Consortium – Financial recovery for the loss of physical intimacy and affection from a spouse or partner due to the accident.
  • Loss of Enjoyment of Life – Compensation for the diminished ability to engage in activities and experiences that were once enjoyed before the accident.
  • Punitive Damages
  • In certain instances of extreme negligence, punitive damages may be applicable, although they are not always awarded. Also referred to as exemplary damages, these damages are not intended to directly compensate the victims. Rather, their purpose is to punish the exceptionally reckless wrongdoer who caused the accident. The likelihood of receiving punitive damages increases if the at-fault party was engaged in criminal activity at the time of the accident.


What Factors Affect the Type of Compensation Your Car Accident Attorney in Houston Can Pursue?

Car accident settlements are not standardized or uniform. In other words, a specific injury does not automatically equate to a specific compensation amount. Numerous factors come into play, and each accident victim will have a unique experience. Below are common factors that impact the type of compensation your car accident attorney in Houston can pursue:

  • Number of At-Fault Parties
  • If you are involved in a car accident where another driver collides with your vehicle on an unoccupied road, you would typically pursue compensation solely from their insurance company. However, if the accident involves a commercial vehicle or a multi-car collision, there may be additional avenues for seeking compensation.  In such cases, our car accident lawyer will conduct a comprehensive investigation to explore all potential options and identify every party that may be held liable for the accident.
  • Limits on Insurance Policies
  • It’s important to be aware that when filing a third-party injury claim, your potential compensation is subject to the limits set by the other driver’s insurance policy. If your damages surpass these policy limits, you may face challenges in obtaining full compensation. To gain a better understanding of the car insurance laws and policy limits specific to your state, we encourage you to contact us. Our team of lawyers has extensive experience handling car accident cases throughout Texas, and we are well-equipped to provide you with the necessary information and guidance you need.
  • The Severity of Your Injury
  • Naturally, a broken leg would warrant higher compensation compared to a sprained ankle. Certain injuries, like spinal cord injuries and traumatic brain injuries, can have long-lasting effects on a person’s ability to move independently, impacting their daily activities and employability. These types of injuries are often referred to as catastrophic injuries due to their profound impact on various aspects of life. Individuals affected by catastrophic accidents may require ongoing medical care for the remainder of their lives. Settlement amounts are typically higher for more severe or debilitating injuries. In cases of serious brain injuries or paralysis, settlements can amount to hundreds of thousands or even millions of dollars.
  • Deficits in Treatment
  • It is vital to demonstrate a consistent and timely record of receiving medical care following your Houston car accident injury. Delaying or missing appointments can be used against you by insurance adjusters who may argue that your injuries are not genuinely significant. Therefore, it is important to prioritize and maintain regular medical appointments to ensure that your injuries are properly documented and treated, strengthening your case for fair compensation.
  • Duration of Treatment
  • In most cases, a settlement cannot be reached until the injured party has finished their required treatment. Severe injuries often necessitate multiple surgeries, while even minor injuries may require several months of physical therapy. It is crucial to adhere closely to your doctor’s instructions and recommendations. Rushing through your treatment in an attempt to expedite the settlement process can severely undermine your case. It is essential to prioritize your health and follow the prescribed treatment plan diligently to ensure the best possible outcome for your case.


What is the Average Car Accident Settlement in Texas?

Under Texas law, individuals involved in automobile accidents have the right to receive compensation equivalent to the value of their losses. Therefore, there is no fixed or typical settlement amount for vehicle accidents. Each car accident claim is evaluated on a case-by-case basis, taking into consideration the unique circumstances and individual factors involved.


What is the Car Accident Statute of Limitations in Texas?

Car accident claims are subject to specific deadlines and time limits known as statutes of limitations. Failing to adhere to these timeframes can result in the dismissal of your case, preventing you from receiving any compensation. Statutes of limitations for car accidents vary significantly depending on the state where the accident occurred. The timeframe can range from one year to six years. In Texas, for instance, the statute of limitations for a car accident is two years from the date of the accident. It is crucial to take prompt action and act now, as the sooner you do, the sooner our car accident lawyer can initiate the process of constructing a strong case on your behalf.


Get The Compensation You Deserve In A Car Accident in Houston TX 

In the aftermath of a car accident, the importance of securing the right type of compensation cannot be overstated. From medical bills to lost wages and emotional distress, the financial and emotional burdens can be overwhelming. That’s why having a dedicated and experienced car accident attorney by your side is crucial to ensure your rights are protected and that you receive the compensation you deserve. At Leeds Law Firm, we pride ourselves on our unwavering commitment to our clients and our relentless pursuit of justice. Our team of skilled attorneys understands the complexities of car accident compensation issues in Texas. We leave no stone unturned in our efforts to secure the maximum compensation available for our clients. If you or a loved one has been involved in a car accident, don’t face the challenges alone. If you are wondering, ‘What type of compensation will your car accident attorney in Houston pursue? The answer is simple: every type that you deserve. Trust Leeds Law Firm to be your steadfast advocate, and let us help you rebuild your life after a car accident. Our legal team can also assist you with Employment Law and Criminal Defense. Reach out to us today and experience the difference our exceptional legal services can make.

A motorcycle has crashed into a car on the side of the road.
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