Car accidents in Houston can leave victims facing medical bills, lost wages, and long-term challenges. If someone else’s negligence caused the crash, Texas law allows you to seek financial compensation for your damages. Understanding how compensation works after a Houston car accident can give you clarity and confidence as you progress your claim.
At Hollingsworth Law Firm, we help accident victims every step of the process, from gathering evidence to negotiating with insurance companies and, when necessary, taking cases to court. Below, we explain how compensation works so you can better understand your rights.
Understanding Compensation in Texas Car Accident Claims
Compensation, often referred to as “damages,” is the money awarded to a car accident victim to help make them whole again after a crash. These damages may cover both financial and non-financial losses.
Texas follows a fault-based system, meaning the driver responsible for causing the crash is legally liable for the damages. Victims can pursue compensation by filing:
- A claim with the at-fault driver’s insurance company.
- A claim with their own insurance company (in some instances).
- A personal injury lawsuit in civil court if insurance negotiations fail.
Types of Compensation Available in a Houston Car Accident Case
Car accident compensation is broken into several categories, depending on the impact of the crash:
- Medical Expenses
Victims can recover for both past and future medical costs, including:
- Emergency room visits and hospital stays.
- Surgeries and ongoing treatments.
- Rehabilitation, physical therapy, and chiropractic care.
- Prescription medications and medical devices.
- Lost Wages and Loss of Earning Capacity
You can claim lost income if your injuries prevent you from working temporarily. In severe cases where you cannot return to your previous career or earn at the same level, compensation may cover long-term loss of earning capacity.
- Pain and Suffering
Non-economic damages recognize the physical pain, emotional trauma, and reduced quality of life caused by the accident. These are more subjective but can be significant.
- Wrongful Death Damages
If a loved one is killed in a Houston car accident, surviving family members may pursue compensation for funeral costs, loss of companionship, and lost financial support.
Comparative Negligence in Texas: How It Affects Compensation
Texas uses the modified comparative negligence rule, the 51% bar rule.
- If you are found less than 51% at fault, you can still recover compensation, but your percentage of fault reduces your award.
- You cannot recover damages if you are 51% or more at fault.
Insurance Companies and Settlement Negotiations
Most car accident claims in Houston begin with negotiations with the at-fault driver’s insurance company. Insurance adjusters, however, often attempt to minimize payouts. They may:
- Dispute the extent of your injuries.
- Argue you were partially at fault.
- Offer a low settlement, hoping you will accept quickly.
Having an attorney from Hollingsworth Law Firm on your side ensures you have someone to protect your interests, handle negotiations, and push for the maximum compensation.
The Claims Process in Houston Car Accident Cases
The path to compensation usually follows these steps:
Step 1: Filing the Claim: Your Houston car accident attorney files a claim with the at-fault driver’s insurance company. This includes evidence such as medical records, police reports, and repair estimates.
Step 2: Investigation: Insurance adjusters review the evidence, interview parties, and may request additional documentation. Their goal is to minimize payouts, making having legal representation is critical.
Step 3: Settlement Negotiations: Most car accident cases are resolved through settlement. Negotiations determine the amount of compensation offered, based on fault and damages.
Step 4: Filing a Lawsuit (if necessary): If the insurance company refuses to offer fair compensation, the victim can file a lawsuit in civil court. Litigation may involve discovery, depositions, mediation, and trial.
Time Limits for Filing a Car Accident Claim in Texas
Texas law sets a two-year statute of limitations for personal injury claims, including car accidents. This means you must file a lawsuit within two years of the crash, or you may lose the right to seek compensation. Certain exceptions apply, such as cases involving minors or government entities, but deadlines are strictly enforced.
Factors That Affect the Value of a Houston Car Accident Claim
Every case is unique, and several factors influence the amount of compensation you can receive:
- Severity of injuries – Catastrophic injuries typically result in higher settlements.
- Length of recovery – Longer treatment means higher medical costs and lost wages.
- Available insurance coverage – Policy limits may cap recovery amounts.
- Evidence of liability – Clear proof of fault strengthens claims.
- Impact on daily life – Loss of independence, mobility, or enjoyment of life increases non-economic damages.
Common Challenges in Recovering Compensation
Victims often face obstacles in the claims process, including:
- Insurance companies are disputing liability
- Low settlement offers
- Claims that injuries were pre-existing
- Delays in processing claims
- Misunderstandings about rights under Texas law
An experienced attorney can help level the playing field against powerful insurance companies.
Why Legal Representation Matters in Houston Car Accident Cases
While victims are not legally required to hire an attorney, representation can significantly improve the outcome. A Houston car accident lawyer can:
- Investigate the accident and gather evidence
- Calculate the full value of your damages
- Negotiate with insurance companies on your behalf
- File a lawsuit and represent you in court if necessary
- Ensure deadlines and legal procedures are followed correctly.
At Hollingsworth Law Firm, we understand the financial and emotional strain victims face after a crash. Our team works tirelessly to pursue the maximum compensation available under Texas law.
Tips to Help Maximize Your Compensation
Victims can take proactive steps to strengthen their case:
- Document everything: Keep medical bills, treatment records, and receipts.
- Follow medical advice: Gaps in treatment can weaken your claim.
- Avoid social media posts: Insurers may use them to argue you are less injured.
- Work with professionals: Medical, accident reconstructionists, and economists can provide valuable testimony.
Steps to Take After a Houston Car Accident to Protect Compensation
What you do immediately after a car accident can affect your ability to recover damages. Some key steps include:
- Call 911 – Ensure the accident is reported and medical help arrives if needed through Houston emergency services
- Seek Medical Care – Even if you feel fine, hidden injuries may surface later.
- Gather Evidence – Photos, witness information, and police reports are crucial.
- Notify Your Insurance Company – Report the crash promptly, but avoid admitting fault.
- Consult an Attorney – Legal guidance can prevent costly mistakes and strengthen your claim.
Hollingsworth Law Firm: Standing Up for Houston Car Accident Victims
At Hollingsworth Law Firm, we understand a car accident’s devastating impact on your life. From the financial strain of medical bills to the emotional toll of recovery, our team guides you through the compensation process with compassion and determination.
We represent clients across Houston who are facing injuries from rear-end collisions, T-bone accidents, distracted driving crashes, and other roadway incidents. We aim to secure maximum compensation so that you can focus on healing and moving forward.
Contact Hollingsworth Law Firm For Compensation
If you or a loved one has been injured in a car accident in Houston, do not wait to seek help. Contact Hollingsworth Law Firm today for a free consultation. Call us now at 713-637-4560 or fill out our online form to get started on your path to full and fair compensation.
