FAQs

1. What do I need to know about my Texas car accident to make a valid personal injury claim?

Your injury is a direct result of the car accident.

The accident was caused due to another person’s negligence or fault and not your own.

For a valid personal injury claim, proving negligence is the first step. The law does not allow you to be compensated for your own fault, thus, you need to prove that the accident was someone else’s fault and due to their negligence.

If fault can be established, you can recover compensation and damages for the following:

Medical expenses incurred in the treatment of your injuries.

Any future medical costs.

Compensation for actual loss of wages.

Loss of future wages.

Compensation for loss of enjoyment of life.

Damages for mental pain and anguish.

2. What about wrongful death eligibility?

Auto accidents in Texas can be traumatizing in nature, especially if a death occurs as a result of the accident. If you have lost a parent, spouse, or child to a car accident, you can file a wrongful death claim against the negligent parties. Or if you were financially dependent on someone, you can bring a claim of wrongful death if that person was killed in a car accident, even if you are not actually related to the deceased.

Here too, you need to establish that the death was caused due to the negligent actions of the defendant and happened because of the car accident. In a wrongful death claim, you are entitled to receive damages for the following:

Loss of companionship

Loss of sexual relationships

Actual financial losses, if the person killed was the provider of the household or you were dependent on them financially.

Mental pain and suffering

3. What types of damages can I recover after filing a claim?

In Texas, the types of damages an insurance company will typically pay for include the following:

Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits, hospital expenses, emergency room expenses, fees for chiropractic care, physical therapy, and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. This also includes medications and diagnostics that are reasonable and necessary for treatment. These expenses are recoverable if they result from your injury.

Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.

Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the accident victim is likely to be in pain to determine the damage amount to be awarded.

Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.

Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.

Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.

Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, and how much care and companionship were given to the uninjured spouse.

Property Damage: Recovery for the value of property that was damaged.

4. What are the Rental Car Insurance Requirements in the state of Texas?

In the state of Texas it is against the law to operate any motor vehicle without insurance, including rental cars. Rental cars must carry the minimum liability coverages required under Texas law. Most Texas auto insurance policies include coverage for car rentals. Most credit cards provide coverage for car rentals as well, so be sure to check your auto insurance policy and/or check with your credit card issuer. If you find that your credit card and/or auto insurance policy do not cover rental cars, you must purchase car rental insurance from the car rental company.

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