It Depends.
The value of a car accident claim in Texas can be influenced by various factors. While it’s challenging to rank these factors in strict order of importance, the following are nine key factors that can significantly affect the value of a car accident claim in Texas:
- Fault and Liability: Texas follows a modified comparative fault system. The percentage of fault assigned to each party can have a substantial impact on the final settlement. If you are found partially at fault, it can reduce the amount you can recover.
- Injuries and Medical Expenses: The severity of injuries sustained in the accident and the resulting medical expenses are crucial factors. More severe injuries and higher medical bills generally lead to larger compensation. For example, the value of a case that involves minor whiplash is very different than a case that involves a traumatic brain injury.
- Insurance Coverage: The insurance policies involved, including your own and the at-fault party’s coverage limits, play a significant role. Adequate coverage can ensure there are sufficient funds available to cover your losses.
Liability, injuries and insurance are the first three factors we assess to determine the viability of a car accident claim. These three factors are like three legs of the same stool. Without one, your car accident claim may not be successful.
- Property Damage: The extent of damage to your vehicle can affect the value of your claim. Higher repair or replacement costs can increase the claim’s value. Also, the amount of property damage in a car wreck is often correlated with the mechanism of injury as greater damage can indicate higher energy forces that may lead to more severe injuries to occupants.
- Pain and Suffering: Non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life can significantly impact the value of a claim. Calculating these damages can be complex and subjective.
- Medical Evidence: The quality and strength of medical evidence, including medical reports, documentation of treatment, and expert opinions, can affect the credibility of your claim.
- Pre-Existing Injuries: If you had pre-existing injuries or medical conditions, the insurance company may argue that your current injuries were partly or entirely pre-existing, which can influence the claim’s value.
- Witnesses and Evidence: Eyewitness accounts, photographs, videos, and other evidence can help establish the facts of the accident and support your claim.
- Previous and Post Motor Vehicle Accidents: If you had accidents before or after the accident claim we represent you for, the insurance company may argue that your current injuries were partly or entirely caused from the other accident, which can influence the claim’s value.
It’s important to note that every car accident claim is unique, and the specific circumstances of your case may involve additional factors not listed here.