We Win or You
Pay Nothing
We have staff standing by at all hours to help you.
Immediate
Medical Care
Receive the treatment you need, as soon as you need it, with usually no out-of-pocket cost to you.
24/7
Access to Us
Speak with a real human being, no matter what time it is.
Client
Satisfaction
Enjoy working alongside a firm with a sterling reputation for 1,400+ 5-Star Google Reviews.
k+
Drivers helped after car accidents.
k+
Clients Helped.
+
Over 25 years of helping drivers with car accidents.
How Car Accident Compensation Works in Houston
If you’ve been involved in a car accident in Houston, understanding how compensation works is crucial for covering your losses and rebuilding your life. Texas follows a “fault” system, meaning the driver responsible for the accident must compensate the injured parties. Compensation can cover a range of damages that we will cover on this page.
However, navigating the claims process can be complex due to factors like proving fault, dealing with insurance companies, and adhering to state laws. We hope these answers will walk you through the key aspects of how car accident compensation works in Texas, ensuring you know your rights and how to pursue a fair settlement.
How Is Fault Determined in Houston Car Accidents?
In Texas, fault for car accidents is determined using a modified comparative negligence rule. Under this system, each party involved in the accident is assigned a percentage of fault based on their role in causing the crash. If you are found to be partially at fault, your compensation will be reduced according to your percentage of fault.
For example, if you are determined to be 20% at fault and your total damages are $100,000, your compensation will be reduced by 20%, meaning you would receive $80,000. It’s important to note that under Texas law, you can only recover compensation if you are less than 51% at fault. If you are found to be 51% or more responsible for the accident, you will be barred from recovering any compensation at all.
Because fault plays a critical role in determining the outcome of your claim, working with an experienced attorney can help ensure that your level of fault is accurately assessed and that you receive the compensation you deserve. Attorneys can gather evidence, interview witnesses, and work with accident reconstruction experts to build a strong case that minimizes your liability.
What Damages Can I Claim in a Car Accident in Houston?
In Texas, if you’re involved in a car accident, you may be entitled to claim several types of damages to compensate for the losses and impacts you’ve experienced. Here’s a detailed look at what you might be able to claim:
- Medical Expenses: This includes reimbursement for all medical costs related to the accident, such as hospital bills, doctor visits, surgeries, rehabilitation, and any future medical care needed as a result of the injuries sustained in the accident.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost during your recovery period. This can also include compensation for diminished earning capacity if your injuries impact your ability to work in the future.
- Loss of Consortium: If your injuries from the accident affect your relationship with your spouse or family, you may be entitled to claim loss of consortium. This type of compensation is meant to address the negative impact on companionship, affection, or the ability to maintain a normal relationship due to the injuries you sustained.
- Property Damage: You can claim compensation for the cost of repairing or replacing your vehicle and any other personal property damaged in the accident. This covers both the repair costs and the loss of value if the vehicle is considered a total loss.
- Pain and Suffering: This damage category compensates for the physical pain and discomfort endured as a result of the accident. It considers the severity of your injuries and how they affect your daily life and activities.
- Emotional Distress: You may also claim damages for emotional and psychological impacts caused by the accident, such as anxiety, depression, and post-traumatic stress disorder (PTSD). This compensation reflects the mental suffering and emotional toll of the accident.
The specific damages you can claim will depend on the unique circumstances of your accident, including the extent of your injuries, the impact on your life, and the insurance policies involved. Consulting with an experienced car accident attorney can help you navigate these claims and ensure you receive fair compensation for all your losses.
How Long Do I Have to File a Claim
After a Car Accident in Texas?
In Texas, the statute of limitations for filing a personal injury claim after a car accident is generally two years from the date of the accident. This means you have a limited window to take legal action if you want to seek compensation for injuries, property damage, or other losses caused by the crash. While two years may seem like plenty of time, it’s crucial to act quickly, as delays can make gathering evidence and building your case more difficult. Additionally, various circumstances could affect the timeline, making early action even more important.
If the accident involves a governmental entity—such as a city-owned vehicle or a public transportation accident—you may have significantly less time to file a claim. In these cases, you may need to provide a formal notice of your claim within just a few months or risk losing the right to pursue compensation altogether. Since identifying if a governmental entity is involved isn’t always straightforward, consulting with one of our attorneys as soon as possible is critical. Our experienced lawyers can help ensure your claim is filed on time and guide you through the complexities of dealing with government-related accidents.
Do I Need an Attorney for a Car Accident Claim?
In Texas, the statute of limitations for filing a personal injury claim after a car accident is generally two years from the date of the accident. This means you have a limited window to take legal action if you want to seek compensation for injuries, property damage, or other losses caused by the crash. While two years may seem like plenty of time, it’s crucial to act quickly, as delays can make gathering evidence and building your case more difficult. Additionally, various circumstances could affect the timeline, making early action even more important.
Our lawyers, skilled in Texas car accident law, will thoroughly investigate the circumstances of your accident, gather crucial evidence, and assess the true value of your claim—including medical expenses, lost wages, property damage, and non-economic damages like pain and suffering. They will also handle negotiations with the insurance companies, who often employ tactics to reduce payouts, and, if necessary, represent you in court to fight for the compensation you deserve. By having our attorneys on your side, you can focus on recovery while knowing your case is being handled professionally.
Contact Us TodayIn Texas, if you’re involved in a car accident, you may be entitled to claim several types of damages to compensate for the losses and impacts you’ve experienced. Here’s a detailed look at what you might be able to claim:
Medical Expenses: This includes reimbursement for all medical costs related to the accident, such as hospital bills, doctor visits, surgeries, rehabilitation, and any future medical care needed as a result of the injuries sustained in the accident.
Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost during your recovery period. This can also include compensation for diminished earning capacity if your injuries impact your ability to work in the future.
Property Damage: You can claim compensation for the cost of repairing or replacing your vehicle and any other personal property damaged in the accident. This covers both the repair costs and the loss of value if the vehicle is considered a total loss.
Pain and Suffering: This damage category compensates for the physical pain and discomfort endured as a result of the accident. It considers the severity of your injuries and how they affect your daily life and activities.
Emotional Distress: You may also claim damages for emotional and psychological impacts caused by the accident, such as anxiety, depression, and post-traumatic stress disorder (PTSD). This compensation reflects the mental suffering and emotional toll of the accident.
The specific damages you can claim will depend on the unique circumstances of your accident, including the extent of your injuries, the impact on your life, and the insurance policies involved. Consulting with an experienced car accident attorney can help you navigate these claims and ensure you receive fair compensation for all your losses.
Houston Office
12777 Jones Rd #297 Houston, TX 77070Get a Free Consultation
2 minute response
24 hours a day, 7 Days a Week
Dedicated Trust Guss Intake Team