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Car Accident Compensation

Each car wreck is different, and must be evaluated on its own merits. There are so many factors that go into how a car accident is valued that no single approach is going to be accurate. You can Trust Guss to give your case the individual attention it deserves and not just plug the basic facts into a calculator to spit out a number that looks good.

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Over 30 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.

Page Overview

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.

Couple filing a complaint in Texas with a lawyer.

Do I Need an Attorney for a Car Accident Claim?

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.

Testimonials

They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable. They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner. They answer your questions and concerns appropriately for all parties involved. I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

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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.