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 in Texas 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 from the driver’s insurance company. Serious injuries can alter your life and drastically reduce your standard of living. This may increase the amount you can recover.
The cost of medical treatment you require
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’s value.
Loss of income
An injury can put you out of work for several days or even months. You may struggle financially during your recovery. A permanent injury can also 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, loss of quality of life, or other non-economic damages. If these damages apply to your case, it can affect the amount you may be able to recover.
Determining the outcome of an insurance claim
In a pedestrian accident, you will likely negotiate financial recovery with the driver’s insurance company. The outcome of your claim will rest on three main factors:
Fault for the accident
You must establish the driver was at fault for causing the accident and your subsequent injuries. To negotiate financial recovery with the insurance company, you must provide evidence to prove fault.
To do this, you must prove that the driver breached their duty of care through some form of negligence. You must also prove that this negligence is what led to the accident.
You must also prove that you suffered injuries due to the accident and that these injuries led to losses. You can cite your economic and non-economic losses through evidence, such as medical bills, wage statements, and documentation that shows how your injuries affect your daily life. We can consult your doctors and other experts to show that you suffered losses.
Your shared responsibility for the accident
If you contributed to the accident in any way, it may affect the amount of your recovery. 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. In this case, you may still be able to secure recovery. It will be reduced by your percentage of fault for the accident, though.
Our car accident lawyers can conduct their own investigation to counter an insurance adjuster’s determination of fault. If they claim you were more responsible for the accident than the other driver, they may try to undervalue or deny your claim.
Obtaining legal assistance from an attorney with our firm
A pedestrian accident attorney can provide legal assistance to help you with your claim or lawsuit. Our legal team can manage your case, engage with all parties involved, negotiate with insurers, 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 with our firm can communicate with the other driver’s insurer, obtain evidence of fault and case value, organize your medical records and bills. They can also track all correspondence, consult medical or legal experts, and handle all legal documents.
Conduct a formal investigation
A pedestrian accident attorney with our firm 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
Negotiate with the other driver’s insurer for fair recover
Our pedestrian accident lawyers serving Texas can engage with the driver’s insurance company to negotiate financial recovery for your damages. Sometimes, insurers make an offer before assessing the extent of your injuries and losses, hoping you will accept a lower amount. We can prevent you from accepting an offer that would not fairly address your losses.
Sometimes, we are able to secure recovery without going to trial, but we will not hesitate to take legal action on your behalf if necessary.
Take legal action against the driver
If the driver denies fault or the insurance provider does not want to offer fair recovery, a pedestrian accident attorney with our firm can help you file a lawsuit and take your case to court.
Sometimes, insurers will return to the negotiating table when they see you have filed a civil action.
Our team can provide a pedestrian accident attorney serving Texas
If you were injured in a pedestrian accident in Texas, D. Miller & Associates, PLLC™ can provide legal services to help you seek recovery. We can help file a claim against the driver and pursue recovery for your injuries and financial losses. We are not afraid to take your case to trial if needed.
To find out more about our legal service, call us for a free, no-obligation case evaluation. Dial (713) 850-8600.