There are thousands of car crashes in the State of Texas each year. That means thousands of car accident claims and lawsuits. Car accidents cost the Texas economy an estimated $20 billion each year. (TXDOT, Comparison of Motor Vehicle Traffic Deaths).
What comes of these lawsuits? What is the average car accident settlement in Texas? In my case, will I get more or less than average?
You may wonder about average car accident settlements in Texas to see how your case compares. It’s important to remember that average car accident settlements are just a statistic. Your case may be more or less than average.
Here are 10 things our experienced car accident lawyers want you to know about average car accident settlements:
10 Things to Know About Average Car Accident Settlements
1. Car accident settlements are based on the individual merits of each case
Of course, it’s possible to total up all the car accident settlements and calculate an average amount. However, it’s important not to make any assumptions from this number of what you will receive in your case.
Texas law allows a car accident victim to recover for their individual injuries and damages. When an accident is more severe, there should be more compensation. Don’t make assumptions about your case based on statistics about average car accident settlements.
Are you wondering what your car accident case is worth? The best way to know is to have a personalized consultation. Our experienced lawyers can give you an idea of what your case may be worth and why. We can explain how to pursue fair compensation for your case.
2. Average settlements in Texas may seem lower than other states, but there’s a good reason
Texas is an at-fault state for car accidents. That means you don’t have to meet any minimum threshold to bring a case. Even victims with relatively minor damages can pursue compensation from the at-fault party. That is welcome news for victims. Some states have minimum thresholds – victims of minor car accidents can receive only no-fault benefits in those states.
It may seem like the average car accident settlement in Texas is lower than the averages in other states. Don’t be fooled – it just means that we have different laws. In Texas, victims of both minor and serious accidents can pursue justice.
3. Car accident settlements are often not public information
Most car accident claims settle out of court. Often, these settlements do not become public information. That can make it hard to know what the average car accident settlement truly is.
For example, Forbes reports an average settlement based on a survey of readers. (Forbes, Typical Car Accident Settlement Amounts).
Data from self-reporting, rather than from a complete and public record, has its limitations. It’s hard to know whether we really know the average car accident settlement amount.
4. The severity of injuries and damages is a key factor in settlement compensation
Injuries and damages form the basis of settlement compensation for car accidents. The party who is at fault is legally liable to pay damages, whether they are large or small. There is no typical or automatic award for a car accident victim. Each case is decided individually.
5. In Texas, economic and non-economic damages can be claimed
Too many car accident victims underestimate the value of their case. They think they can recover only for medical bills or for getting their car repaired. Texas recognizes the non-economic suffering that you have from a car accident. You may request compensation for pain, mental injuries, emotional anguish, disability, and lifestyle disruptions. All these types of compensation may raise the value of your case compared to average settlement amounts.
6. Insurance policy limits may impact the amount of compensation you get
Insurance pays most car accident claims. Regardless of the severity of the crash, the amount of compensation you get may depend on what insurance policies are in place and what the limits are.
7. It may be possible to get compensation even if you are partially at fault
Sometimes, a car accident is more than one person’s fault. There may be multiple contributing factors. In Texas, you can claim compensation for a car accident if you are not more than 50% to blame.
This modified comparative negligence rule may lower the average car accident settlement amount compared to states using a contributory negligence system. However, it just means that Texas law is more flexible to ensure that car accident victims have access to justice.
8. You don’t have to accept a settlement
A settlement is an agreement between the parties to resolve the case without a trial. You don’t have to accept a settlement just because it’s offered. You don’t have to accept it just because it’s an average amount or even more than an average amount.
You have trial rights as an accident victim. While most cases reach a settlement, it’s up to you how to resolve your case.
9. How you pursue your case can affect your settlement amount
If you have a strong car accident claim, it’s critical to pursue the case thoroughly. It’s important to investigate, build the evidence, and negotiate strategically. Having a case that is worth more or less than average doesn’t, by itself, get you the compensation that you deserve. You must pursue it with a legal strategy that’s customized for your situation.
10. A lawyer can represent you in the settlement process
When you are seeking a car accident settlement, you have the right to representation from a lawyer. They can help you with everything, including determining if your case is worth more or less than the average settlement. They can handle negotiations with the other parties and the insurance companies.
If you have been in a car accident, the legal team at Haun Mena wants to help. Our lawyers want you to get justice. The legal process can be daunting. But if you deserve to be compensated, our experienced law firm is ready to fight for you.
Contact us today for a free case review.