The Texas Department of Transportation estimates around 238,000 people were hurt in car accidents in 2014. With so many drivers on the roads across the United States, car accidents can lead to serious injury or trauma for you or someone you love. They can also leave you with extensive medical bills, or even the inability to keep working.
You do have the power to seek compensation for pain and suffering after an auto accident. An experienced auto accident attorney will be able to guide you throughout the process. Each and every car accident is unique, but some of the factors that will affect your case include:
- Any coverage limitations for drivers who are considered to be at-fault
- The severity of any injuries
- Medical expenses that have been incurred
What Constitutes Pain and Suffering After An Auto Accident?
You have the right to file a case for compensation for economic losses like medical bills or property damages, and for non-economic losses like suffering incurred from physical pain or property damage to your vehicle.
Complications of a car accident could include nerve and organ damage, spinal cord injuries and traumatic brain injuries. If the accident results in permanent scarring, especially if it is visible, the value of your claim can increase.
Texas Laws Regarding Auto Accident Compensation
Texas is regarded as a fault state for car insurance, which means that whomever was responsible for the accident, is also responsible for the expenses stemming from the accident. Drivers in Texas are required to have minimum liability coverage as part of their insurance. This coverage is:
- $25,000 for property damage, per accident
- $30,000 for bodily injury per person, per accident
- $60,000 in total for all injuries in an accident
You are able to file a claim against the at-fault driver or the at-fault driver’s insurance company if you are injured in a car accident. However, some insurance companies want to get your case settled quickly and might not offer you a less-than-fair settlement. The right personal injury attorney will know how to negotiate with insurance companies to get the compensation you deserve.
However, if you are found to share some liability in the accident, the total amount of compensation could be adjusted proportionally. If you are found to be more than 50% responsible, you may not be entitled any compensation if you file a claim.
Is There A Statue of Limitations To File A Case For Compensation?
Under Texas law, the statute of limitations for personal injury cases is two years from the date of the accident. If you are looking to seek compensation for pain and suffering, you must file your case in the civil court system before this window closes.
If your case makes it to court, a jury will examine the details of the accident, the severity of any injuries, and any sort of medical treatment already rendered as they decide about compensation.
If you have been injured in an automobile accident in Texas, contact Ben Bronston and Associates for a free consultation.