How Car Accident Settlements Are Calculated in Texas

If you’re here, it likely means you or someone you care about has recently been in a car accident in Texas. That moment when everything stops, the sound of crushing metal, the confusion afterward — it can stay with you. After the ambulance leaves and the paperwork begins, many people feel overwhelmed. You may be wondering what comes next, especially when it comes to getting help with money for what you’ve lost. You may be worried about paying for car repairs, doctor visits, or time missed from work. We understand those feelings. It’s okay to feel unsure. That’s why we’re here to walk you through how settlements for car accidents are figured out in Texas.

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What a Settlement Means After a Car Crash

A settlement is when the person who caused the crash or their insurance company agrees to pay you money for what happened. This money is meant to help make up for things like medical bills, damage to your car, or even the pain you’ve been feeling. Most people don’t go to court. Instead, they settle — which means both sides agree on how much money will be paid without a judge making the decision.

The total amount you can get in a settlement depends on many things. Every case is different. Some people have small accidents and heal fast. Others are hurt badly and need care for months or even years. Your settlement will be based on what happened to you and how it changed your life.

The Role of Insurance in a Texas Car Wreck

Texas uses what’s called an “at-fault” system. That means the person who caused the accident is the one who should pay for the damage. This is often done through their insurance company. The law in Texas says that all drivers must carry a certain amount of car insurance. This is called liability insurance. It helps cover the cost if they hurt someone or damage something.

After a crash, you or your attorney will work with the insurance company to show who caused the crash and how much you should be paid. Insurance companies usually try to pay as little as possible. That’s why having someone on your side who knows how this works can really help.

Enrique Chavez

Texas Trial Attorney

Protecting Your Rights

Enrique fights against those who break our nation’s laws and violate community safety rules. He believes that our community is made safer by holding accountable those corporations and individuals who break the law and the community safety rules which protect us all.

 

Things That Go Into a Car Accident Settlement

There are several parts that go into the total amount of a settlement. One of the biggest parts is your medical bills. This includes visits to the emergency room, follow-up doctor visits, physical therapy, medicine, and even surgeries if needed. It’s important to keep track of all these bills and appointments. They show how much you had to deal with and how much money you had to spend to get better.

Another important part is the damage to your car. If your car was totaled, meaning it can’t be fixed, the insurance company might offer to pay what your car was worth before the crash. If it can be fixed, they may offer to pay for repairs.

You might also get money for the wages you missed while healing. If you had to miss work because of your injuries, this can be included in the settlement too. Some people can’t go back to work at all, or they can only work fewer hours. That also affects how much you can get.

Then there’s something called pain and suffering. This is harder to put a number on. It’s not about bills or receipts. It’s about how the crash has made your life harder, like being in pain every day, not being able to sleep, or not being able to do the things you used to enjoy. People who have suffered greatly often receive more in a settlement.

Mr. Chavez and all of his staff are 100% professional and dedicated to resolving a problem you may have. I highly recommend them if you have been put in a bad situation. Mr. Chavez takes a personal interest directly in your case and always remains in contact. I have a deep respect for this firm!

– Steve Hendrix

My experience with Mr. Chavez was nothing but great! Him and his staff are very helpful and were always ready to answer any questions I had. The whole process was smooth and he fought real hard to get me a good settlement. I highly recommend the Chavez Law Firm. You will not be disappointed  

– Adriana Solis

Attorney Chavez has excellent character and is truly honest and caring. The empathy his staff has shown me during my devastating time has made me feel like I am a member of their own family. I wish this law firm nothing but the best for showing such integrity.

– Luis Amador

Mr. Chávez is an excellent attorney and very professional. He solved my case and exceeded my expectations! If you need legal help regarding a wrongful termination, he is the best attorney for that!

– Maria Terrazas

Mr. Chavez and all of his staff are 100% professional and dedicated to resolving a problem you may have. I highly recommend them if you have been put in a bad situation. Mr. Chavez takes a personal interest directly in your case and always remains in contact. I have a deep respect for this firm!

– Steve Hendrix

My experience with Mr. Chavez was nothing but great! Him and his staff are very helpful and were always ready to answer any questions I had. The whole process was smooth and he fought real hard to get me a good settlement. I highly recommend the Chavez Law Firm. You will not be disappointed

– Adriana Solis

Attorney Chavez has excellent character and is truly honest and caring. The empathy his staff has shown me during my devastating time has made me feel like I am a member of their own family. I wish this law firm nothing but the best for showing such integrity.

– Luis Amador

Mr. Chávez is an excellent attorney and very professional. He solved my case and exceeded my expectations! If you need legal help regarding a wrongful termination, he is the best attorney for that!

– Maria Terrazas

How Fault Affects Your Settlement in Texas

In Texas, there’s a rule called “modified comparative fault.” This means that if you were partly to blame for the crash, it can change how much money you get. If you were less than 51% at fault, you can still get money, but your settlement will be reduced by the percentage of blame. For example, if you were found to be 20% at fault, your settlement would be 20% less. But if you were more than 50% at fault, you wouldn’t get anything at all.

This is why it’s very important to gather as much proof as possible. Things like police reports, pictures from the crash, and witness statements help show who really caused the crash. The more clear your case is, the better your chances of getting a fair settlement.

How Insurance Companies Try to Lower What They Pay

Insurance companies may seem friendly, but they are looking out for their own bottom line. After a crash, they might offer you money quickly. It may seem like a good idea to take it and move on, but it’s often not enough. These early offers usually don’t cover everything, especially if you haven’t finished healing yet.

Sometimes they will question if your injuries are really from the accident. They might ask for a lot of paperwork or try to blame you. They may even say your injuries aren’t that serious. This is frustrating when you’re just trying to get the help you need.

That’s why it’s so important to have someone helping you. Someone who knows how to deal with insurance companies and can make sure your voice is heard.

Time Limits for Filing a Claim in Texas

In Texas, you have two years from the date of the crash to file a lawsuit. This is called the statute of limitations. If you wait too long, you won’t be able to make a claim at all. That’s why it’s best to start the process as soon as you can. Even if you’re still healing, it helps to talk to someone who can guide you.

Also, evidence can fade over time. Witnesses may forget details. Pictures may get lost. The sooner you act, the easier it is to build a strong case.

How Settlements Are Calculated

So how does it all come together? First, your lawyer or a claims adjuster will look at your medical bills, lost wages, car damage, and pain and suffering. Then, they will look at who was at fault and how strong your case is. They will also look at what other similar cases have settled for in the same area.

Sometimes a settlement is reached quickly. Other times, it takes weeks or months of back and forth. If the insurance company won’t agree to a fair amount, you can take your case to court. A judge or jury will then decide how much you should get.

Every case is different. What one person gets in a settlement may be very different from someone else. That’s why it’s so important to treat each case on its own, based on the facts and how the crash affected you.

What You Can Do to Help Your Case

There are a few things you can do to help your case from the start. See a doctor right away, even if you feel okay. Sometimes injuries don’t show up until days later. Follow all your doctor’s instructions and keep track of every visit and medicine.

Take pictures of everything — the cars, your injuries, the street signs, and anything else that seems important. Keep notes on how you feel each day. Were you in pain? Did you miss work? Could you not play with your kids? These details show how the crash changed your life.

And don’t talk too much to the insurance company before speaking with someone who can guide you. What you say can be used against you later. It’s best to stay calm, write things down, and get help from someone who knows what to do.

We Are Here When You’re Ready

Going through a car crash is never easy. The pain, the fear, the confusion — it’s a lot to deal with. But you don’t have to face it alone. When it comes time to figure out how much your case is worth, you need someone who cares about what happened to you and who knows how to make things right.

At Chavez Law Firm, we help people across Texas who have been hurt in car crashes. We listen, we care, and we fight to get you what you deserve. If you’re worried about how you’ll pay your bills or what comes next, talk to us. We’re here to help you take the next step with confidence and peace of mind.

To learn more about this subject click here: Why You Should Never Admit Fault After a Car Accident in Texas