Have you or a loved one been injured in a collision through no fault of your own?
Every day, thousands of Texans use roads and highways for transportation to work, school, and social activities. Unfortunately, driving comes with inherent risks. In 2023 there were over 9,000 serious injuries involving passenger cars alone.
Following these collisions, insurance adjusters investigate and make settlement offers based on the extent of physical injuries, property damage, and which parties were at fault. Often, injured parties face substantial stress in the wake of a car accident. Recovering physically, handling car repairs, and dealing with insurance create difficulty and uncertainty.
Shaw Cowart, LLP’s Georgetown car accident attorneys understand how hard it is to recover after injuries from a collision. If you or a loved one have been hurt or had your car totaled in an accident, we can help. We know you should be focusing on recovery, not handling the complexity of your legal claim. Contact our office today for a free and confidential case evaluation.
What Can I Recover?
Plaintiffs who have sustained physical or property damage in a car accident are entitled to reasonable compensation for their losses. This may involve recovering for economic and non-economic damages, and other costs incurred as a result of the collision.
Under Texas law, economic damages are “compensatory damages intended to compensate a claimant for actual economic or pecuniary loss.” This includes compensation for medical bills, lost wages, medications, and damage to the plaintiff’s vehicle. Additionally, costs that come from long-term medical care, or equipment may be recovered.
Non-economic damages are statutorily defined as compensation for losses that cannot be monetarily calculated, including “ physical pain and suffering, mental or emotional pain or anguish. Aside from pain and suffering, disfigurement, depression, anxiety, insomnia, paralysis, and loss of life’s enjoyment are among the most common damages plaintiffs seek.
Many states have passed laws placing a cap on damages. Under these laws, there is a maximum amount plaintiffs can recover from defendants in personal injury claims. Under Texas law, there is currently no cap on economic damages. However, plaintiffs cannot recover more than $500,000 for their non-economic damages.
How Do I Prove Liability?
In Texas, plaintiffs must establish negligence to recover for personal injuries. There are four elements to proving negligence.
- Duty. Plaintiffs must show the defendant owed a duty to act – or not act – in a particular way. Drivers have a duty to use reasonable care while operating a motor vehicle. This includes following traffic laws, paying attention to the road, and avoiding any distractions.
- Breach. Drivers breach their duty when they engage in reckless behavior on the road. Violating traffic laws, and driving while distracted by digital devices, are examples of behaviors that breach the duty of reasonable care.
- Causation. Plaintiffs must show that the reckless behavior of the defendant is responsible for his or her personal injuries or property damage. For example, if Sue rear-ends Tom and it is later found that Tom was texting at the time of the accident, Sue cannot recover damages for the injuries she sustained in the accident because Tom’s breach of duty – i.e. texting while driving – did not cause Sue’s injuries. Instead, her damages were caused by her own negligence.
- Damages. Plaintiffs cannot recover unless they suffer actual harm. This harm can be physical, psychological, or property-related. If an individual sustains no injuries to themselves or their vehicle, then he or she is not able to recover compensation.
Insurance Offered to Settle, Should I Take It?
It is tempting to take a settlement offer quickly after an injury; after all, most injured parties are ready to move on with their lives. However, the quick settlement comes at a cost.
After a collision, insurance companies investigate the claim and determine which party is liable for any injuries or property damage. This determination of fault is extremely important because Texas law only allows plaintiffs to receive compensation if they are less than fifty percent responsible for the accident. Although, by law, juries determine who is liable for injuries and property damage after a semi-truck accident, the vast majority of claims are settled outside of court. Practically speaking, this means insurance companies determine fault.
Because insurance companies look out for their bottom line, it is always best to consult an attorney before accepting any settlement offer. Contacting an attorney quickly after a semi-truck accident is ideal. This gives counsel the opportunity to thoroughly investigate the claim, potentially maximizing your compensation.
Whether you should accept a settlement offer is a fact-specific question. Each accident is unique, and it takes time to understand each individual circumstance. Hiring an attorney at the beginning of the process may maximize your recovery by ensuring a thorough investigation of the facts and law is undertaken. This investigatory process assesses all relevant evidence, including:
- Evaluation of police reports
- Interviewing witnesses
- Review of dash cam footage
- Assessment of vehicle damage
- Evaluation of your injuries and medical expenses
Injured in a Car Accident? Call Shaw Cowart LLP TODAY!
If you or a loved one have sustained personal injury or property damage because of someone else’s negligence, you are facing the stress that comes with the aftermath of a collision. Your top priorities should be healing and recovery, but the stress of your insurance claim weighs on your mind.
Shaw Cowart LLP provides legal services to Georgetown residents who have physical injuries or property damage after car accidents. Our experienced, passionate attorneys are ready to assist you in navigating insurance and recovering fair compensation for your loss.
At Shaw Cowart LLP we understand that personal injuries and property damage from car accidents cause more than pain and hassle. Instead, they bring a cascade of stress. Medical bills, car repairs, and insurance claims bring months of anxiety and uncertainty. The last thing an injured party should face following a severe accident is the complexity of the legal system.
Don’t face injuries or car loss alone. Contact Shaw Cowart today for a free and confidential evaluation of your claim.