Being involved in a car accident in Texas can be a stressful and confusing experience. If you’re facing injuries and mounting bills, navigating the settlement process with insurance companies can feel overwhelming. We want to provide clarity and reassurance about what you need to know to pursue the compensation you deserve.
Understanding Fault in Texas
Texas is an "at-fault" state, which is a critical detail for your claim. This means the driver who is responsible for the accident (the at-fault driver) is liable for the damages they caused.
However, Texas uses a "modified comparative negligence" rule, often called the 51% Bar Rule.
- If you are found to be 51% or more at fault for the accident, you are legally barred from recovering any compensation.
- If you are found to be partially at fault but less than 51%, your settlement amount will be reduced, usually by the percentage of your fault. This means that if your total damages are $100,000 but you are found 10% at fault, your maximum recovery would be $10,000.
This rule makes establishing clear liability and collecting evidence immediately after the crash absolutely crucial.
What a Settlement Should Cover (Damages)
A fair settlement or compensation should cover all of your accident-related losses, known as "damages." These typically fall into two main categories:
Economic Damages (Tangible Losses): These are quantifiable costs you can calculate with receipts and bills. They include:
- Medical expenses (past, present, and future)
- Property damage (vehicle repair or replacement)
- Lost wages and loss of future earning capacity
Non-Economic Damages (Intangible Losses): These compensate you for the personal toll the accident has taken. They are harder to quantify but are a critical part of your claim. They include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
The Timeline: How Long Will It Take?
The timeline of a settlement process can vary greatly. Simple cases with minor injuries and clear liability might resolve in a few months. More complex cases involving serious injuries, disputed fault, or extensive negotiation can take a year or more, especially if a lawsuit must be filed.
Crucially, you should aim for Maximum Medical Improvement (MMI)—the point where your doctors confirm you have recovered as much as possible—before a final demand is sent. Settling too soon, before you know the full extent of your injuries and future medical needs, is a common mistake that can leave you undercompensated.
The Insurance Company's Goal
Remember this vital truth: the insurance adjuster works for the insurance company, not for you. Their primary objective is to resolve your claim for the lowest amount possible. It is standard practice for them to offer a low initial settlement, often a fraction of what your case is truly worth.
Never accept a first offer without consulting with an attorney. Once you sign a release, you are waiving your right to seek any further compensation for the accident, even if your injuries worsen later.
Your Next Steps to a Fair Resolution
While the settlement process can be intimidating, you do not have to face it alone. Having Michalk, Beatty & Alcozer, L.P. on your side can make a significant difference in proving liability in a Texas car accident, correctly calculating all your damages, and negotiating a maximum recovery. We are here to help you navigate this challenging time with the dedicated support you deserve.
Contact us today for a confidential consultation at (254) 765-9552. Let us focus on your claim so you can focus on your recovery.