If you have been in a car accident in Texas, dealing with insurance companies, understanding legal deadlines, and protecting your right to compensation can feel overwhelming. Whether you are navigating a settlement offer, worried about how fault affects your claim, or wondering whether you need an attorney, knowing what to expect can make all the difference.
In this post, we explain the key aspects of Texas car accident claims, including:
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Modified comparative fault – how Texas’ proportionate responsibility rule can reduce or bar your compensation
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Steps to protect your claim – from documentation to dealing with insurance adjusters
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The statute of limitations – why the two‑year deadline matters for personal injury and wrongful death cases
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Lawsuit timeline – factors that affect how long a case takes, from settlement to trial
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Value of a claim – what damages you may recover and why full documentation matters
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Cost of hiring a lawyer – how contingency fees work so you pay nothing unless we win
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Special considerations – claims against government employees, appeals, and the impact of personal actions like texting or speeding
Car Accidents and Modified Comparative Fault in Texas Explained
Your interactions following a Texas car accident will most likely involve the insurance company. An insurance adjuster will review the accident, determine fault, and may make a settlement offer to cover your damages. Settlements are an option before filing a lawsuit, and while many car accident cases will end in a settlement rather than in court, being aware of your legal options can be the difference in negotiating a better settlement outcome.
A lawyer can explain how the percentage of fault assigned to you could be used to reduce your compensation. They will fight to prevent this from happening. According to Texas law, proportionate responsibility means that any individual found to be more than 50% responsible for a car accident is not allowed to file a claim to recover damages. When the claimant is assigned a percentage of the fault, their damages will be reduced by the same amount.
Texas’ modified comparative fault statute stresses the critical need for documentation and representation for a Texas car accident. You may be assigned a larger percentage of blame if you cannot demonstrate the other driver’s negligence effectively. Your attorney will use a variety of techniques to show the other driver’s liability, such as securing cell phone records, video evidence, and witness testimony.
You should carefully review quick offers to settle, particularly when your injuries are severe. You do not have to take the first offer. Your attorney may advise you when they believe the company could pay more. Meeting all paperwork and legal deadlines is essential to filing a successful claim or lawsuit. When settlement negotiations fall short, a Texas car accident lawyer assisting with your settlement claim will begin the legal process for you.
Personal Actions That May Impact a Car Accident Lawsuit
Sadly, someone has died on Texas highways every day for over two decades. Many of these deaths are preventable when drivers take care to avoid negligent behavior behind the wheel. The following activities may actually result in reduced damages or criminal charges if they contribute to a car accident.
- Texting and driving: It is illegal everywhere in Texas, and cell phone laws change from one city to another.
- Speeding: Texas highway speeds may now vary to reflect weather conditions or other roadway factors impairing driving.
- Failure to wear a seat belt: The use of seat belts and child restraint seats is required while traveling in a car in Texas.
- Driving under the influence: Driving while intoxicated by alcohol or other substances is illegal. Keep in mind that some prescription medications can inhibit your ability to operate a car safely, potentially resulting in DUI charges.
Statute of Limitations: Timeline for Filing a Car Accident Lawsuit in Texas
A statute of limitations provides a deadline by which a Texas car accident lawsuit must be filed. The Texas personal injury statute of limitations allows only two years from when the accident occurred to take legal action.
Car accidents can also lead to devastating loss of life. A spouse, child, parents, executor, or personal representative of a fatally injured individual must file a Texas wrongful death lawsuit within two years of the date of death. If you don’t act in time, you could forfeit the opportunity to secure compensation through the court system.
Waiting to contact a car accident attorney in Texas may result in losing critical evidence supporting a claim or lawsuit. Liggett Law Group takes the reins on your lawsuit so you have the time to process your grief while avoiding the potential loss of your legal rights.
How Long a Car Accident Lawsuit Takes in Texas
Many injured Texans shy away from legal action because they fear the amount of time and energy a car accident lawsuit will take away from their families and work. The following factors play a part in how long a lawsuit may last in Texas:
- How long an injury victim waits to contact a car accident lawyer
- The length of time spent negotiating a settlement with the insurance company
- The complexity of the discovery process based on the extent of the damages
- A court’s caseload and the schedules of all parties involved
- The length of the trial, including the time it takes to reach a verdict
The average time the lawsuit process takes in Texas depends ultimately on how a claim proceeds. A settlement can be reached in weeks or months, with a jury trial potentially taking up to a year or more.
Other Impacts on Texas Car Accident Lawsuits
Even if your case proceeds to court, it does not mean it will end there. Parties involved in a Texas lawsuit may settle at any time throughout the process, ending the litigation. Parties that disagree with a verdict’s result may file an appeal. The appeals process can increase the time it takes to complete a lawsuit in Texas.
A different set of laws applies if you were injured by an on-duty state employee in a Texas car accident. Also, the timeline to take legal action in these types of tort claims is limited to six months from the date the accident occurs.
Therefore, it is even more critical that you work with an experienced car accident lawyer in Texas who will act quickly during this small window of legal opportunity.
How Much is a Car Accident Claim Worth?
The damages you may recover in a Texas car accident lawsuit are determined by the costs to you resulting from your injuries caused by negligence. We aim to identify, quantify, and demand compensation for all the losses you experience. Damages may cover:
- All medical costs, past and future
- Loss of income and future earning capacity
- Medication expenses
- Rehabilitative treatments and therapies
- Medical equipment rentals or purchases
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement or amputation
It is not the role of an insurance company to uncover all your losses, and vital compensation can be lost. The role of your attorney is to sift through the details of an accident to discover its impact and cost to you.
Current Cost of Hiring a Car Accident Lawyer in Texas
Most Texans, including car accident victims, have felt the strain of the rise in costs and its effect on everyday life. Injured individuals suffer disproportionately because of the additional expenses they must now cover. Liggett Law Group understands the financial burden of a Texas car accident, so you never pay us unless we recover compensation for you. A free consultation makes getting the help you need now even simpler.