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After a collision on I-35 or MoPac, medical bills accumulate quickly, and one question rises above the rest: What can you actually recover? Understanding car accident compensation in Texas means knowing it covers far more than a repair bill. Texas follows an at-fault system, meaning the person or party legally responsible for causing the crash is generally responsible for the damages that result.
Working with an Austin car accident lawyer at TK Injury Lawyers: Austin Personal Injury Lawyer means having an advocate who can identify every category of loss, challenge a lowball offer, and seek the value of what you are owed.
Compensation after a Texas crash generally falls into two categories.
Economic damages cover losses you can document with receipts, invoices, and pay stubs, including:
Non-economic damages address the parts of a crash without a price tag attached, such as:
Unlike economic damages, non-economic damages are evaluated based on how the injury has affected your daily life, recovery, and overall well-being rather than on bills or receipts.
Not every claim involving a similar injury settles for the same amount.
Injury severity carries the most weight. A whiplash injury that resolves in weeks holds a different value than a fracture requiring surgery and months of rehabilitation. Consistent medical treatment matters too, since gaps in care give insurers an opportunity to argue your injuries were minor or unrelated to the crash.
Available insurance coverage sets a practical limit on what you can recover, while clear evidence, such as photos, witness statements, and a police report, may strengthen your position. Fault also plays a role, since Texas law reduces or eliminates compensation for claimants who share responsibility for a crash.
Calculating car accident compensation starts with your measurable losses, including medical bills, lost income, and property damage. Insurers evaluate non-economic damages based on factors such as the severity of your injuries, the length of your recovery, and how the injuries affect your daily life. Looking at typical car accident settlement amounts helps set realistic expectations before negotiations begin.
Our team can assess every category of loss before beginning any negotiation, because a figure that looks reasonable on paper often falls short once future medical needs are factored in. Fault changes that calculation significantly, since Texas law reduces compensation in direct proportion to a claimant’s share of responsibility for the crash.
Texas follows a modified comparative fault rule, and it can significantly affect what you take home from a claim. Under Texas Civil Practice and Remedies Code § 33.001, a claimant found more than 50 percent responsible for a crash cannot recover damages at all. Texas comparative negligence assigns each party a share of the blame, and below that threshold, your compensation is reduced by your percentage of responsibility.
Below that threshold, your compensation is reduced by your percentage of responsibility. For example, a driver found 20 percent at fault with damages totaling $50,000 would recover $40,000. Insurance adjusters know this rule well and often try to inflate a claimant’s fault percentage to reduce or eliminate what they owe.
A crash can change your finances in an instant, but recovering full car accident compensation starts with knowing what to pursue. At TK Injury Lawyers: Austin Personal Injury Lawyer, we can help injured drivers pursue every category of compensation Texas law allows. Contact us today at (512) 910-2000 for a free consultation.
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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