Personal Injury FAQs

Texas is an at-fault state and a comparative negligence state. If a careless driver caused your accident, their liability insurance pays your losses. If the other driver is not insured, you might be covered under your own auto policy if you have uninsured/underinsured motorist coverage. If you were partly to blame, you may still be able to recover compensation, but it would be reduced by the percentage of fault assigned to you. Your personal injury lawyer can sort out liability issues and applicable insurance coverages.

Texas law requires every driver to be insured for causing bodily injury and property damage to others. Texas has one of the highest minimums ($25,000) for property damage liability. In most cases, your vehicle repairs would be covered if the damage is under $25k.

Injuries vary depending on the speed at impact, position in the vehicle, the nature of the crash (rear-end, head-on, T-bone) and other factors. Common injuries include broken bones and fractures, traumatic brain injury, neck and back injuries, and lacerations and bruises. Even if you are only “shaken up” or your injuries seem minor, always seek medical attention. Serious injuries such as concussion, fractured vertebrae or internal bleeding may go unnoticed at first.

You are entitled to economic damages directly related to the accident: medical bills, lost wages, future medical care or medical equipment, and projected earnings (if you are disabled from working). You can also recover noneconomic damages such as pain and suffering, loss of enjoyment of life and loss of consortium. If your accident was caused by gross negligence or intentional acts, you may be able to sue for punitive damages, which are capped in Texas.

In many cases, an insurance adjuster will contact you soon after a crash and offer to write a check that day. They are hoping you accept their offer before talking to an attorney. That early settlement offer may seem like a lot of money, but in reality, it will be far less than the real value of your claim and requires you to sign away your rights.

So the question is how soon can you get paid full compensation. First of all, you need to wait long enough to find out if your injuries fully heal. Will you need surgery or other ongoing care? Will you be able to return to your job? Will you be left with a permanent impairment or scars? Once the value of your case is known, the timeline depends on whether your case can be settled out of court. Going to trial could take a year or more, but sometimes it is the only option if the insurance company refuses to pay fair and reasonable damages.