Currently, Texas law does not set a cap on how much you can sue for personal injuries in a pedestrian accident case in Texas.
What your claim is worth in Texas depends on several factors, including medical expenses, lost wages, non-economic damages, the circumstances of the accident, and who is liable for your injuries.
What Your Pedestrian Accident Case is Worth
Several factors determine what your accident case is worth, such as:
How Extensive Your Injuries Are
The extent of your injuries may determine the amount you can claim against the driver’s insurance company. Serious injuries can alter your life and drastically reduce your standard of living and may increase the amount you can recover.
The Cost of Medical Treatment You Receive
You may incur a wide range of medical bills including ER visits, surgical procedures, medication, disability devices, physical therapy, doctor visits, or other types of medical treatment. These damages may be included in your case value.
Loss of Income
An injury can put you out of work for several days or even months. You may struggle financially during recovery. A permanent injury will affect your capacity to earn an income or save for retirement. The amount of wages or income potential you lose can affect the value of your pedestrian case.
You may be able to claim other types of damages, including physical pain and suffering, loss of consortium, disfigurement, a lower standard of living, or other non-economic damages. If these damages apply to your case, it can affect the amount may be able to recover.
Determining the Outcome of an Insurance Settlement
In a pedestrian accident, you will likely negotiate a settlement with the driver’s insurance company. The outcome of the settlement will rest on three main factors:
Liability for the Accident
You must establish the driver was at fault for causing the accident and your subsequent injuries. To negotiate a settlement with the insurance company, you must provide evidence to prove fault and liability.
How the Driver Caused the Accident
The Plaintiff Shared Responsibility for the Accident
You may have contributed to the accident by failing to stop at a crosswalk, suddenly walking out into the street, or crossing the street in an unmarked area. If you contributed to the accident in any way, it may affect the amount of your settlement.
Obtaining Legal Assistance From an Attorney
A pedestrian accident attorney may be able to provide legal assistance to help you with your claim. A legal team can manage your case, engage with all parties involved, negotiate a settlement, and, if necessary, file a lawsuit to recover your damages.
A pedestrian accident attorney can help you in the following ways:
Manage Your Case
An attorney can communicate with the other driver’s insurer, obtain evidence of fault and case value, organize your medical records and bills, track all correspondence, consult medical or legal experts, and handle all legal documents.
Conduct a Formal Investigation
An attorney can investigate your accident and submit evidence that proves who is liable for your injuries. Evidence might include:
- Medical records
- Police reports
- Expert witness
- Eyewitness testimony
- Photos or surveillance camera footage
Arrange a Settlement With the Driver’s Insurer
If the driver admits fault for the accident that led to your injuries, a lawyer can engage with the driver’s insurance company to negotiate a settlement to recover your damages.
Take Legal Action Against the Driver
If the driver denies fault or the insurance provider does not want to negotiate a settlement, a pedestrian accident attorney can help you file a lawsuit and take your case to court.
Miller & Associates, PLLC Pedestrian Accident Attorney in Texas
If you were injured in a pedestrian accident in Texas, D. Miller & Associates, PLLC offers legal services for personal injury victims. We are able to help you file a claim against the driver and pursue recovery for your injuries and financial losses.
To find out more about our legal service, call us for a free, no-obligation case review at 713-850-8600.