The settlement money you can secure after a car accident will depend on multiple factors, including the severity of injuries, the level of damage to the vehicle, the amount of lost wages, hospital expenses, and other variables. Because every case is unique, there is no way to predict a claim’s value without careful analysis of each of these factors.
Toward that end, it’s fair to say there is no “average” car accident settlement in Texas. Figures can range from $15,000 to more than $20 million, depending on the circumstances of the crash. Many online formulas claim to calculate settlement values. However, these are seldom accurate and don’t consider the losses incurred until maximum medical improvement and other important factors that can increase the final settlement amount.
The easiest way to get a better understanding of your claim’s potential value is by consulting with an experienced personal injury attorney who specializes in this field. They can evaluate the case-specific facts and determine the smartest legal strategies to maximize your settlement. That being said, we do have more information on what constitutes a typical auto accident injury settlement in Texas — as well as the factors that will influence your settlement to be above or below that threshold.
What is a settlement?
A settlement in reference to a car accident is a case that settles on an agreed amount of restitution for the injuries caused by a negligent motorist before going to trial in the court of law to be tried in front of a judge and jury. A settlement usually happens much quicker and is easy to navigate, especially when you have Dallas car accident lawyers like Angel Reyes & Associates in your corner. There are typically four stages to the settlement process.
Initial information collection
This stage is where we gather facts and investigate the case on your behalf. We will help you find the proper treatment that fits within your schedule and gets you the proper care you need.
Treatment phase
The only phase that requires you to do your part in the case. Simply going to get the treatment your body needs to heal while we continue to get the claim processed and handling all the paperwork filings on your behalf while you focus on the most important thing: your recovery.
Bills and records collection
Many people ask the question “do medical bills come out of a settlement?” The answer is yes. Following your treatment, we reach out to the clinics, hospitals, and other services you may have needed during your treatment process. While this is going on, you will feel like the case is sitting idle. This truly is one of the busiest times of your case that requires constant hands-on work, but our staff takes care of all the collection of bills and records for you.
Negotiations
After we collect all your bills and records from the injuries you sustained following the accident, we will negotiate with the insurance company on your behalf to recover the maximum amount you deserve to cover all your costs. Our expert attorneys know exactly what your case is worth and will never negotiate for anything less than what you deserve.
Cases that go to settlement are typically much faster because the evidence in favor of the individual who was wrongfully injured is substantial, obvious, and well preserved. An insurance company will not waste their time and money attempting to go to court when their client is clearly in the wrong and was behaving negligently when our client was put in harm’s way.
Factors that affect car accident settlements
The amount you receive in a pedestrian accident settlement is based on a few factors. Let’s take a closer look.
Liability
Liability in pedestrian cases can be tricky—it’s more complicated than pedestrians having the right of way at crosswalks. Certain states have different rules regarding pedestrians and controlled and uncontrolled crosswalks.
Therefore, pedestrians can also be held liable in some cases. This will affect their settlement amounts and could prevent them from getting a settlement.
Texas, for example, is a modified comparative negligence state. So, pedestrians can’t get a settlement if they are more than 50% to blame for the accident. The percentage of liability they are assigned below 50% will also affect the settlement amount.
Injuries
The amount of your settlement will also be determined by the severity of your injuries in the pedestrian accident. More severe injuries may result in higher payouts if the driver is at fault. There are a wide variety of injuries that can be sustained in a car accident — the number of injuries and seriousness of the injuries all play a part in the calculation of a car accident settlement. For example, a traumatic brain injury is likely more serious that bruises or contusions.
Also, if the pedestrian dies because of their injuries, the pedestrian’s family may want to file a wrongful death claim.
Insurance coverage
In some circumstances, the driver who caused the collision may not have insurance or may have only limited insurance. This can make it hard to settle pedestrian accidents. This will limit your payout unless you seek to file a lawsuit against the driver. It’s sometimes necessary in cases where severe injuries result in hefty medical bills.
However, it is pointless to file a lawsuit unless the at-fault driver has assets that amount to some form of compensation. It will drag on forever and, more often than not, result in more costs than a payout.
Damages
Damages in a pedestrian accident can be categorized into general and special damages. They are both used to calculate the settlement you are entitled to.
Special damages include medical bills, lost wages, future treatments and the inability to work.
General damages—or non-economic factors—include pain and suffering, emotional distress, disfigurement and the inability to go on with life as you did before the accident. These are difficult to quantify but are crucial in personal injury cases.
Factors that can diminish a car accident settlement
Several factors can diminish a car accident settlement, potentially reducing the amount of compensation you receive.
Shared fault
If it is determined that you share some degree of fault for the accident, the settlement amount may be reduced. Many jurisdictions follow a comparative negligence system, where the compensation is proportionally reduced based on the percentage of fault assigned to each party.
Pre-existing injuries
If you had pre-existing injuries or medical conditions that were worsened by the accident, the settlement amount may be affected. The at-fault party may argue that they are not responsible for the full extent of your damages.
Delayed medical treatment
If there is a significant gap between the accident and seeking medical treatment, the at-fault party or their insurance company may question the causal connection between the accident and your injuries. Promptly seeking medical attention after an accident is crucial to establish a clear link between the accident and your injuries.
Inadequate documentation
Insufficient documentation of your injuries, medical treatment, and other damages can weaken your claim. It is essential to maintain detailed records of medical bills, receipts, photographs, and any other evidence that supports your claim.
Inadequate insurance coverage
If the at-fault party has limited insurance coverage or no insurance at all, it can impact the amount you can recover. If their coverage is insufficient to fully compensate for your damages, you may need to explore other options, such as pursuing a claim against your own insurance policy if applicable.
Failure to mitigate damages
You have a responsibility to mitigate your damages after an accident by seeking appropriate medical treatment, following doctors’ orders, and not engaging in activities that could worsen your injuries. If it can be shown that you failed to take reasonable steps to mitigate your damages, it may impact your settlement.
Disputed liability
If there is a dispute over who is at fault for the accident, it can complicate the settlement process and potentially reduce the amount of compensation you receive. It is important to gather evidence, such as accident reports, witness statements, and photographs, to support your claim of liability.
These factors can influence the negotiation process and the final settlement amount. A personal injury lawyer from Angel Reyes & Associates can evaluate the specific details of your case and advocate on your behalf can help protect your rights and maximize your potential settlement.
Calculating car accident damages
Insurance companies that are quick to settle are hoping that claimants take the money and close the case without a fight. The truth is these initial settlement offers are usually low and don’t factor in the full extent of all economic and non-economic damages. Without a qualified car accident lawyer to protect your interests, there is no way to ensure the insurance adjustors are treating you fairly.
Your legal counsel knows how to calculate the actual value of your past, current and anticipated losses. A settlement may include compensation for:
- Ambulance service
- Hospitalization and doctors’ appointments
- Diagnostic testing
- Medical expenses for surgery, medication, or assistive equipment
- Loss of income
- Diminished earning capacity
- Repairs or replacement for property damage
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
Frequently Asked Settlement Questions
Examples of car accident settlements in Texas
At Angel Reyes & Associates, we’ve spent 30 years and countless hours securing car accident settlements for a wide range of clients. From the smallest prangs to the most catastrophic collisions, we use our experience and dedication to achieve the best possible outcomes for car accident victims. While there is no such thing as a typical car accident amount in Texas, we share some of our most impressive settlement figures below.
$21,000,000: Settlement for auto accident injuries which caused a 43-year-old woman to be partially paralyzed.
$1,956,000: Settlement for auto accident injuries suffered in a motor vehicle collision.
$7,500,000: Settlement for the wrongful death of a 48-year-old man who was killed in a motor vehicle collision by an at fault driver in a company owned vehicle.
$1,500,000: Jury verdict in an auto accident case involving an 18-wheeler collision, which resulted in a broken vertebra for one individual and serious knee injuries and a mild brain injury in another.
$4,730,000: Settlement for auto accident injuries suffered in a disputed liability motor vehicle collision with a driver in a company owned vehicle.
As you can see from this small handful of examples, there can be a lot of money on the table for victims of car accidents. It is a car accident lawyer’s job to secure your rightful maximum settlement — which is what we pride ourselves on doing.
See more examples of the successful car accident settlements we have secured here.
Do I need a car accident lawyer?
An attorney is invaluable in the negotiation process, as they can ensure you receive a fair car accident settlement in Texas. Without expert legal guidance, claimants are more likely to be taken advantage of by insurance companies, whose sole interest is protecting their bottom line. Nearly all car accident claims end in settlements. However, bringing a high-caliber lawyer to the table tells the insurance company that if negotiations aren’t fruitful, you have an advocate who is willing to take your case to trial.
No matter how severe or minor your car accident was, it pays to enlist the services of lawyer who specializes in cases similar to yours. A qualified car accident lawyer knows the right questions to ask, the evidence to gather, and the minutiae of specific Texas road laws that will ensure you receive the maximum settlement you deserve. Trying to secure a car accident settlement without legal asisstance can be stressful, time-consuming and ultimately end in disappointment — if you don’t want to walk away empty handed, it’s best to trust the pros.
Get a free car accident settlement consultation
Angel Reyes & Associates & Associates is well-versed in the tactics used by Texas auto insurers to minimize their financial exposure. As your legal advocate, our job is to investigate and establish your car accident claim’s total value. In the wake of a collision, you don’t have to deal with the aftermath and insurance adjustors alone.
With more than 30 years of collective experience and over $1 billion secured in car accident settlements, our team at Angel Reyes & Associates has proven that we have the skills, passion and knowledge to get superior results for our clients. Put the resources and experience of a trusted car accident lawyer to work for you. Contact us to arrange a free case evaluation today.
