After a car accident, the goal of a settlement is to compensate the injured party for their losses without going to trial. The process typically involves filing an insurance claim, negotiating with the at-fault party’s insurer, and either agreeing to a settlement or taking the case to court. Car accident settlements in Texas follow a structured process where injured victims seek compensation for medical bills, property damage, lost wages, and pain and suffering. Understanding how these settlements work can help you maximize your claim and avoid common pitfalls.
Steps in a Texas Car Accident Settlement
1. Seek Medical Attention Immediately
Your health is the top priority. Even if you feel fine, some injuries can take time to appear. Medical records also serve as crucial evidence in your claim.
2. Gather Evidence at the Accident Scene
- Take photos of vehicle damage, injuries, and road conditions.
- Get witness contact information.
- Request a copy of the police report.
3. Notify the Insurance Companies
Report the accident to your insurer as soon as possible. Be factual, but do not admit fault or provide recorded statements without legal advice.
4. Hire a Personal Injury Attorney
A Texas personal injury lawyer can help you navigate the settlement process, handle negotiations, and ensure that you receive the compensation you deserve.
5. Investigate and Build Your Case
Your attorney will collect medical records, accident reports, witness statements, and expert testimony to strengthen your claim.
6. Demand Letter and Negotiation
Your attorney will submit a demand letter to the at-fault driver’s insurance company outlining your injuries, damages, and compensation request.
- The insurance company may accept the claim and pay.
- They may counter with a lower offer.
- If an agreement cannot be reached, a lawsuit may be filed.
Factors That Affect a Car Accident Settlement in Texas
- Severity of Injuries: More severe injuries lead to higher settlements.
- Medical Expenses: Past and future medical bills are a key factor.
- Lost Wages: Compensation includes lost income and reduced earning capacity.
- Pain and Suffering: Non-economic damages account for emotional and physical distress.
- Policy Limits: Insurance coverage caps may limit the total settlement.
Texas’ Comparative Fault Rule
Texas follows a modified comparative fault rule, meaning if you are partially at fault, your settlement may be reduced. If you are more than 50% responsible, you cannot recover damages.
Statute of Limitations for Car Accident Claims in Texas
In Texas, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation.
What Happens If the Insurance Company Denies Your Claim?
If the insurer refuses to pay a fair amount, your attorney can file a lawsuit to take your case to court. Settlements can still be reached at any point before trial.
How Francis Injury Can Help
Michael Francis and the team at Francis Injury specialize in securing maximum compensation for Texas car accident victims. Our firm will:
- Investigate your case and gather strong evidence.
- Handle all communication and negotiations with insurers.
- Ensure you meet all legal deadlines.
- Take your case to trial if necessary.
We work on a contingency fee basis—meaning you don’t pay unless we win your case.
Contact Francis Injury for a Free Consultation
If you’ve been injured in a car accident in Texas, don’t wait. Our experienced team at Francis Injury is ready to fight for you.
📞 Call now: 817-329-9001
💻 Visit us online: FrancisInjury.com
Final Thoughts
Understanding how car accident settlements work in Texas can make a significant difference in the outcome of your claim. By knowing your rights, gathering strong evidence, and working with an experienced personal injury attorney, you can increase your chances of securing fair compensation.