Texas is not a no–fault state for car accidents. That means you can pursue compensation directly from the liable party if you are hurt in a car accident caused by someone else’s negligence.
Since Texas uses a fault-based liability structure, the damages you can recover after an accident are typically greater than what is available in a no-fault state.
Understanding all the aspects of a fault-based system is critical for recovering full compensation after a crash. An experienced Houston car accident lawyer will be familiar with all the legal specifics that apply to your case and will be able to help you secure fair compensation from the liable party.
The Difference Between a No-Fault State and a Fault-Based State
In a no-fault state, those injured in a car accident must first pursue compensation from their own insurance provider before potentially filing a claim against the party that caused the accident. Furthermore, they will only be able to pursue damages beyond their insurance coverage if they suffered a “serious” injury.
An accident injury can be classified as “serious” if it results in:
- The permanent loss or impairment of an important bodily function
- Permanent and substantial disfigurement
- Death
Meanwhile, in a fault-based state like Texas, you do not have to rely on your own insurance policy for coverage if you were injured in an accident resulting from another party’s negligence.
Under these circumstances, you can file an insurance claim with the liable party’s insurance provider. Alternatively, you can submit a lawsuit against the at-fault party directly, regardless of the severity of your injuries.
Time Limit for Filing a Lawsuit After a Car Accident in Texas
When attempting to recover compensation after a car accident in Texas, it is important that you pay attention to all applicable filing deadlines.
The Texas personal injury statute of limitations is two years. What this means is that you generally have two years from the date of your accident to file a lawsuit against the liable party or risk losing your right to pursue damages.
However, you need to understand that exceptions may apply to your case that alter the amount of time you have to take legal action. Hiring an experienced Texas car accident lawyer as soon as possible after your accident is the best way to protect your rights.
Additionally, hiring a lawyer soon after your accident will put them in the best position to build a strong case supporting your claim. By getting started on your case early, your lawyer will be able to speak with eyewitnesses while they still have clear memories of the crash. Furthermore, they will be able to collect evidence before it can become lost or corrupted.
(310) 526-8383Damages You Can Recover Following a Car Accident in Texas
Following a car accident in Texas, you will likely be able to recover a wide range of damages from the liable party. You need to realize that every car accident is unique, which means the specific compensatory damages available will vary from case to case. It’s critical that you identify all the damages you are eligible to pursue to recover the full value of your claim.
Determining the specific damages that apply can be a complicated process. Fortunately, an experienced car accident lawyer in Texas can help you sort through all the details of your case to help you figure out which damages you can claim. All compensatory damages are divided into the categories of economic and non-economic damages.
Economic Damages
All the losses you suffered as a result of your accident that had a direct impact on your financial situation are categorized as economic damages. Economic damages can cover both the money you were compelled to pay due to your accident and the income you were prevented from earning.
It’s important to note that these damages not only apply to expenses you have already incurred but also project future financial losses related to your accident and resulting injuries. Some of the most commonly recovered economic damages following car accidents in Texas include:
- Lost wages
- Diminished earning capacity
- Property damage
- Medical bills
- Future medical costs
- Necessary modifications to your vehicle or home to accommodate a disability
Non-Economic Damages
Instead of focusing on your financial losses, non-economic damages are awarded to compensate you for the impact of your accident on your quality of life. Non-economic damages are often deeply personal and have a profound impact on your daily life. Because of this, the compensation awarded for these losses is often significant.
Some of the most commonly recovered non-economic damages following car accidents in Texas include:
- Pain and suffering
- Loss of consortium
- Mental anguish
- Permanent disability
- Emotional distress
- Loss of companionship
- Scarring and disfigurement
Punitive Damages
In addition to compensatory damages, you may also be eligible to pursue punitive damages after a car accident in Texas. The purpose of punitive damages is not to reimburse you for your losses, as with compensatory damages. Instead, punitive damages focus on punishing the liable party for their actions.
Punitive damages are only awarded in a small percentage of car accident cases in Texas. These damages are reserved for extreme cases involving intentional harm or criminal negligence.
Get Help From an Experienced Car Accident Lawyer in Texas
If you were injured in a car accident in Texas, the experienced legal team at Omega Law Group can help. With decades of combined experience, our knowledgeable legal team has recovered millions of dollars for our clients. We are dedicated to helping car accident victims like you recover fair compensation from negligent parties.
Reach out to us by phone or through our online contact form to schedule a free case review with a member of our legal team. We’ll review the details of your case and answer all your questions.
