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Car Accident Compensation Laws in Texas

If you were injured in an auto accident and the other driver or another party was at fault, you are entitled to receive reasonable financial compensation for your damages. However, the process of collecting this compensation is rarely easy. Insurance companies will often do everything they can to avoid paying out claims and may devalue your claim or deny liability. After an auto accident in Texas, you need a skilled personal injury attorney who can help you navigate the legal process.

Contact Omar Saman, P.C. today to speak to a Houston car accident attorney about your rights and legal options; call (713) 521-9955 to get started with a free consultation.

How Do I File a Car Accident Claim in Texas?

Texas is a “fault” state, meaning injured car accident victims can pursue legal action against at-fault motorists. Texas also follows what is known as the rule of modified comparative fault, meaning you can collect compensation for damages even if you were partially at fault for the accident, as long as you are deemed less than 50% responsible. If this is the case, your total recovery will be reduced by the percentage for which you are deemed at fault for the accident.

It is important to note that, in Texas, injured auto accident victims typically only have two years from the date of the accident/injury (or two years from the date the victim became aware of or should reasonably have become aware of injuries) to file a personal injury claim. Failure to bring a claim within this statute of limitations will most likely affect your ability to collect compensation.

“Damages” Legal Definition

“Damages” is a legal term that refers to economic and non-economic losses/hardships suffered by the victim(s) of an accident or another incident. In order to collect compensation for damages, you will need to show that the at-fault party acted negligently or wrongfully and that this behavior led to your injuries and/or damages.

Examples of common damages in car accident claims include:

  • Medical expenses, including:
    • Emergency medical treatment
    • Ambulance fees
    • Hospital/emergency room fees
    • Surgeries and ongoing medical care
    • Medications/pain management programs
    • Rehabilitation therapy (physical, cognitive, etc.)
    • Medical equipment (wheelchairs, ramps, crutches, etc.)
  • Lost income/wages
  • Reduced or lost earning ability
  • Pain and suffering (physical, emotional, etc.)
  • Disfigurement and/or disability
  • Inconvenience
  • Reduced or lost quality of life

Furthermore, if you lost a loved one in an auto accident, you may be entitled to bring a wrongful death claim against the liable person or party. Damages in wrongful death suits typically include medical treatment costs, funeral/burial costs, loss of companionship, anguish, lost income/wages, loss of support, loss of inheritance, and more.

Contact Our Experienced Automobile Accident Compensation Firm

If you were injured in a car accident, the first thing you should do is seek adequate and appropriate medical care. Once you have ensured that your health and safety are not at immediate risk, contact a Houston car accident attorney right away. At Omar Saman, P.C., I can help you navigate the claims filing process and, if a fair settlement cannot be reached, I am prepared to aggressively advocate for your recovery in trial.

Call(713) 521-9955 or contact me online for a free case evaluation.

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  • Omar Saman
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