Understanding Texas Car Accident Compensation
Get the Compensation You Deserve After a Car Accident in Fort Worth
Understanding how car accident compensation works in Texas is important for anyone recovering from a crash. From medical bills and lost wages to pain and suffering, compensation can help alleviate the financial burden caused by an accident. However, Texas laws surrounding fault and insurance can be hard to make sense of, leaving many accident victims unsure of what they’re entitled to and how to pursue it. At the Cain Firm in Fort Worth, we want to ensure crash victims understand their rights and options. We are here to provide clear answers for anyone seeking help.
Texas is an at-fault state
Texas follows an “at-fault” system for car accidents, meaning the driver responsible for causing the crash is also responsible for paying for the damages. After an accident, the at-fault driver’s insurance is typically used to cover the costs of the other party’s injuries and property damage. If you are the victim of a car accident and the other driver is at fault, you would usually seek compensation from their insurance policy.
However, Texas also uses a modified comparative fault rule, which can affect your compensation. Under the Texas Civil Practice & Remedies Code §33.001
If you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example:
- If you are awarded $100,000 for injuries and damages but found to be 20% at fault, your compensation would be reduced by 20%, so you would only receive $80,000.
- If you are found to be more than 51% at fault, you would not be eligible to recover compensation at all.
This means that if you are partially responsible for the accident, the amount you receive in compensation will decrease based on the percentage of your fault. If the case involves multiple parties, determining the degree of fault can be complicated, so it’s important to have an experienced attorney who can help navigate the process and protect your rights.
What is my car accident claim worth?
The value of your car accident claim depends on several factors that can significantly influence the compensation you receive. While every case is unique, understanding these factors is crucial to getting a fair settlement. These factors include:
- Severity of injuries: The extent and seriousness of your injuries play a major role in determining the value of your claim. Severe injuries often result in higher medical bills, longer recovery periods, and more profound physical and emotional suffering. These factors can increase the overall worth of your case.
- Lost wages and future earnings: If your injuries prevent you from working, either temporarily or permanently, you may be eligible for compensation for lost income. This includes not only wages you’ve already lost but also future earning potential if you’re unable to return to work in the same capacity.
- Pain and suffering: In addition to physical costs, car accident claims often seek compensation for pain and suffering. These damages are meant to address the emotional and physical distress caused by your injuries and how they affect your overall quality of life.
We stand ready to protect your rights, prove fault, and collect maximum tax-free payment for your injury claims.
MEET OUR ATTORNEY
Brett Cain
Steps you can take to protect your right to compensation
After a car accident, protecting your right to fair compensation is what you deserve. The actions you take in the days and weeks following the crash can really impact your ability to recover damages for your injuries and losses. Each step plays a key role in strengthening your claim. To ensure that you are fully prepared and that your rights are protected, it’s important to follow a clear course of action. Even something simple, like going for a follow-up appointment, can make a big difference in your future case. Below are the essential steps you should take to protect your right to compensation.
- Report the accident: Notify the police and your insurance company as soon as possible.
- Gather evidence: Take photos of the accident scene and your injuries. Collect contact information from witnesses. Write anything down, you may forget some important details after the day of the crash.
- Seek medical attention: Even if your injuries seem minor, see a doctor immediately. Medical records are vital to proving your claim.
- Follow medical advice: Stick to your treatment plan and attend all follow-up appointments. Gaps in care can hurt your claim.
- Consult with an attorney: An experienced lawyer will handle negotiations with insurance companies and help build a strong case for compensation.
How insurance companies can affect your compensation
While insurance companies are supposed to help after an accident, they often prioritize protecting themselves over fairly compensating victims. Adjusters may downplay your injuries, question fault, or pressure you to accept a lowball settlement.
That’s why having an experienced attorney on your side is so important. At the Cain Firm, we know the tactics insurance companies use and how to counter them effectively. We have their playbook and use it to our clients’ advantage. While they prioritize profit over your well-being, we take care of everything so your well-being is never compromised.
Let a Fort Worth car accident lawyer help you move forward
When you’ve been in a car accident, the road to recovery can feel overwhelming. At Cain Firm in Fort Worth, we understand the stress you’re under and are here to guide you through the legal process with care, passion, and support.
With decades of experience handling car accident cases, we’re not just here to fight for your rights—we’re here to make sure you feel supported every step of the way. Our team is passionate about putting clients first, and we’ll work tirelessly to secure the compensation you need to move forward.
If you’re ready to take the next step, we’re here to help. Contact us today for a free consultation, and let us fight for your rights while you focus on healing.
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