If you have been injured in a crash, your likely first step is to get the medical care you need. However, that care, even with insurance, can come with a hefty price tag.
The crash may cause other financial burdens as well, such as lost income or car repair costs. As you turn your attention to recovering compensation through an insurance claim or a personal injury lawsuit, it is important to know how much you can get under Texas state law.
Who was at fault?
Most crashes are not 100% one driver’s fault – even if it seems like it. Texas follows a “modified comparative negligence” or “51%” rule. That means you can recover a percentage of your claim’s value based on how much fault is assigned to you – as long as your percentage of fault is less than 51%.
It is very important to get an accurate determination of fault for the crash based on facts and evidence. Your percentage of fault for the crash can make a big difference in your compensation.
Can you recover non-economic damages?
Economic damages caused by a car crash can be easily quantified and may include medical costs, car repair bills and lost wages. If you have been injured in a crash, you may also be able to recover “non-economic” damages. Such damages encompass things like emotional distress, loss of enjoyment of life and pain and suffering.
When can you seek punitive damages?
Texas allows victims to seek punitive or “exemplary” damages if their injuries resulted from a criminal act. In a vehicle crash, such damages may apply if a person was driving under the influence of drugs or alcohol or driving recklessly. If one driver intentionally struck another driver in an act of road rage, the victim would likely also be able to seek exemplary damages in addition to other compensation.
Getting the maximum compensation possible after getting injured in a car accident is important. If you have been injured in a collision, legal support can help you fight for compensation while you focus on healing.