You can file a personal injury claim if you were partially at fault. This is because Texas follows the doctrine of comparative negligence, otherwise called proportionate responsibility. This means compensation is available for a driver in proportion to their responsibility for their accident. An example would be if it is determined that you were 20 percent responsible for the accident, and the claim is potential $200,000, then you would be entitled to receive 80 percent of the value of the case, or $160,000.00.
Later, you may also find that the driver that collided with you does not have any insurance. The law mandates that all drivers have a minimum amount of car insurance. However, the reality is that not everyone follows the law, and you may find yourself in a difficult situation if the person who hit you is not insured.
You may be able to seek restitution via your insurance company if you have uninsured motorist coverage. If your policy does not include that provision, you may still be able to file a lawsuit, presuming the at-fault driver has funds to pay out on the claim.
There is a high percentage of uninsured drivers in Texas (one in five), so it is best if you carry uninsured motorist coverage from your insurance company at limits you are comfortable with. This helps avoid paying for damages caused by someone else.
This is one of the reasons it is an excellent decision to speak to an experienced car accident attorney to see what options are available to you. Personal injury attorneys deal with accidents all the time, deal with insurance companies even more often and know what to do to take a case to trial if necessary. We deal with accidents daily, and we understand how to obtain fair and equitable restitution for your injuries.
Other Serious Injury FAQs:
- Are catastrophic injury cases different than personal injury lawsuits?
- Can I handle my personal injury claim without a lawyer?
- Can I still file a personal injury claim even if I was partially at fault?
- Can I wait to contact a personal injury lawyer?
- How do I know if I have a personal injury claim?
- How do you win a personal injury case in Texas?
- How does a victim of a catastrophic injury deal with insurance companies?
- How long does it take to get my case settled?
- How long does it take to get results in a catastrophic injury cases?
- I don’t have a lot of money after my accident how am I going to afford an attorney?
- I don’t have a lot of money and work at a low paying job. How can I possibly afford to hire a personal injury lawyer?
- I was in a bad car accident and sustained serious injuries. Can an attorney help me get compensation for my medical bills?
- If I file a personal injury claim, am I entitled to compensation for my injuries?
- Should I accept the settlement offer from the insurance company after my accident?
- What am I supposed to do after being involved in an accident and I am badly injured?
- What are catastrophic injuries?
- What are special and general damages?
- What do comparative fault and the doctrine of proportionate responsibility mean?
- What do I do if the insurance company representative contacts me?
- What has to be proven in a personal injury case?
- What is a personal injury lawyer and how do I know if I need to hire one?
- What is a personal injury lawyer and why would I need one?
- What is a serious personal injury?
- What is the statute of limitations for filing a personal injury case in Texas?
- What kind of compensation am I eligible to receive by filing a personal injury claim?
- What kinds of accidents cause catastrophic injuries?
- What kinds of damages am I eligible for after an accident?
- What kinds of expenses could I claim after being injured in an accident?
- What types of personal injury claims are seen in Texas?
- When are injuries sustained in a car accident considered to be catastrophic?
- Why do I need a personal injury lawyer if the insurance company of the person who caused the accident I was in has offered me a settlement?