If you’ve been injured in a car accident in Texas, you may be wondering how much compensation you can recover through a lawsuit. The value of a car accident claim depends on several factors, including the severity of injuries, medical costs, lost wages, and the degree of negligence involved. While every case is unique, Texas law allows accident victims to seek compensation for both economic and non-economic damages.
At Hernandez Sunosky LLP, we help car accident victims in Houston and across Texas fight for the compensation they deserve. In this guide, we’ll explain how damages are calculated and what factors influence how much you can sue for after a car accident.
Types of Compensation in a Texas Car Accident Lawsuit
When suing for a car accident in Texas, you may be eligible to recover different types of damages:
Economic Damages (Tangible Financial Losses)
Economic damages compensate for direct financial losses caused by the accident. These may include:
- Medical Bills: Emergency room visits, surgeries, physical therapy, prescriptions, and future medical care
- Lost Wages: Compensation for time missed at work due to injuries
- Property Damage: Repairs or replacement of your vehicle and other damaged property
- Loss of Earning Capacity: If your injuries prevent you from returning to work or reduce your future earning potential
Non-Economic Damages (Pain and Suffering)
Non-economic damages compensate for the emotional and physical toll of the accident, including:
- Pain and Suffering: Physical pain and emotional distress
- Mental Anguish: Anxiety, depression, PTSD, and other psychological effects
- Loss of Enjoyment of Life: Inability to engage in hobbies or daily activities
- Loss of Consortium: Compensation for the impact of the injury on relationships with a spouse or family
Unlike economic damages, non-economic damages do not have a set dollar amount and are subject to interpretation by insurance companies, attorneys, and the court.
Punitive Damages (In Cases of Gross Negligence)
Punitive damages, also called exemplary damages, are meant to punish the at-fault party for reckless or intentional misconduct. These are only awarded in extreme cases, such as drunk driving accidents or crashes caused by excessive speeding.
Factors That Influence How Much You Can Sue For
Several factors determine the amount you may recover in a Texas car accident lawsuit:
Severity of Injuries
The more severe your injuries, the higher your medical costs and potential pain and suffering damages. Permanent disabilities or long-term medical needs can significantly increase the value of your claim.
Total Medical Costs and Lost Wages
A lawsuit seeks to recover all accident-related expenses, including future medical treatments and long-term loss of income. The more financial impact the accident has, the higher the potential settlement or court award.
Insurance Policy Limits
Texas law requires drivers to carry a minimum amount of liability insurance:
- $30,000 for bodily injury per person
- $60,000 total per accident
- $25,000 for property damage
If the at-fault driver has only minimum coverage, their insurance may not fully cover your damages. In such cases, you may need to sue the driver personally or seek compensation through your uninsured/underinsured motorist coverage (UM/UIM).
Comparative Fault in Texas
Texas follows a modified comparative fault rule, meaning that if you are partially responsible for the accident, your compensation may be reduced. If you are found more than 50% at fault, you cannot recover any damages.
For example, if you were awarded $100,000 in damages but found 20% at fault, your compensation would be reduced to $80,000.
Whether a Settlement Is Reached or the Case Goes to Trial
Many car accident claims settle out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, taking the case to trial may result in higher compensation—especially if a jury awards punitive damages.
Is There a Limit to How Much You Can Sue For?
In Texas, there is no general cap on the economic or non-economic damages you can seek in a typical car accident lawsuit. However, specific exceptions apply in other types of cases. For example, medical malpractice claims have a $250,000 cap on non-economic damages for each defendant (health care provider), and punitive (exemplary) damages in any personal injury case are limited to the greater of $200,000 or two times your economic damages plus up to $750,000 in non-economic damages. Because most car accident claims (those not involving medical negligence) do not fall under these statutory caps, you can generally sue for the full extent of your provable losses, subject only to the evidence presented and the defendant’s ability to pay.
How a Houston Car Accident Lawyer Can Help Maximize Your Compensation
Insurance companies often try to lowball settlement offers or deny valid claims. Having an experienced attorney on your side can make a significant difference in your case. At Hernandez Sunosky LLP, we:
- Investigate your accident and gather evidence to prove liability
- Work with medical experts to determine the full extent of your injuries
- Negotiate aggressively with insurance companies for a fair settlement
- Take your case to court if insurers refuse to offer a reasonable amount
We are dedicated to protecting your rights and ensuring you receive the full compensation you deserve.
Contact Hernandez Sunosky LLP for a Free Consultation
If you’ve been injured in a car accident in Houston, you may be entitled to significant compensation. The amount you can sue for depends on your injuries, damages, and the at-fault party’s negligence.
At Hernandez Sunosky LLP, we fight for accident victims to ensure they receive the maximum compensation possible. Contact us today for a free consultation, and let’s discuss your case.