The amount a passenger can receive in a Texas car accident claim varies widely based on several factors, including the severity of injuries, medical costs, and the impact on daily life. Each case is unique, and settlements reflect the specific circumstances of the passenger’s claim.
- The level of pain and suffering for the passenger in a car accident claim
- Medical expenses incurred due to the accident
- Severity of injuries sustained in the crash
- Loss of income and ability to work
- Fault determination for the accident
- Available insurance coverage for the at-fault party
These factors play a large role in determining how much compensation a passenger may be eligible to receive. Consulting an experienced attorney ensures a fair evaluation and settlement.
Discover how much compensation injured car accident passengers in Texas may be entitled to. Contact our Abilene car accident lawyer to learn your rights and maximize your claim today!
Find out moreAre you eligible for a settlement if you are a passenger?
Passengers injured in a motor vehicle accident may be entitled to compensation for a wide range of injuries, including physical and emotional damage. Personal injury law protects injured passengers, ensuring they can seek compensation from the driver whose negligence caused the crash.
Below are the factors that determine eligibility for fair compensation:
- You were not responsible for the accident: Passengers typically have no control over the situation, meaning they are rarely held accountable. If you suffered injuries as a passenger due to the negligence of the at-fault driver, you can pursue compensation for medical bills, lost income, and other damages.
- You were owed a duty of care by the party that caused the accident: Drivers involved in motor vehicle accidents have a legal obligation to ensure the safety of their passengers. When a driver’s negligence—such as speeding or distracted driving—breaches this duty, injured passengers may be entitled to the compensation they deserve.
- The party breached their duty of care: A breach of duty, such as running a red light or driving under the influence, plays a significant role in determining the value of your claim. Police reports and evidence from law enforcement officers also provide valuable support for proving negligence.
- You experienced physical or psychological harm as a result: Passengers often suffer injuries ranging from head injuries and TBIs (traumatic brain injuries) to emotional trauma. This damage impacts quality of life and contributes to the settlement amount. Cover medical treatment, lost wages, and non-economic damages like pain and suffering.
- You make your claim within two years of the accident: Under Texas personal injury law, you must file a lawsuit within the statute of limitations—two years from the accident date. Acting quickly ensures your legal rights are protected and strengthens your case.
- The strength of your case determines the outcome: Building a strong case with the help of an experienced Texas car accident attorney is essential. An attorney can help injured passengers gather evidence, assess potential sources of compensation, and negotiate with insurance companies to get you the compensation you deserve.
Need expert legal guidance for your car accident passenger claim?
If you’ve been injured as a passenger in a car accident, you may be entitled to compensation for medical bills, lost wages, and more. To have a valid claim, you must act within Texas’s two-year statute of limitations.
Don’t wait—get tailored legal advice today.
Contact Keith & Lorfing for a free consultation to understand your rights and explore your options.
- Call us at 325-225-0143
- Visit our Contact page
We’re here to help you get the compensation you deserve for your passenger injuries.
How much can a passenger get in a car accident settlement in Texas?
Settlements can range from thousands to millions of dollars, depending on the specifics of each case. A Keith & Lorfing car accident lawyer can help in the following ways when determining a settlement amount:
The Level of Pain and Suffering for the Passenger in a Car Accident Claim
Pain and suffering account for the physical discomfort and emotional distress caused by the accident. These non-economic damages are calculated based on the severity and duration of the passenger’s injuries, as well as their impact on daily life.
For example, a passenger who endures long-term pain from a spinal injury or emotional distress from the accident may receive significantly more compensation than someone with minor discomfort that resolves quickly. Documentation of pain, such as personal journals or therapist evaluations, strengthens the claim for higher payouts.
Medical Expenses Incurred Due to the Accident
Medical costs include immediate treatments like emergency care, surgeries, hospital stays, and long-term care such as rehabilitation or ongoing therapy. Every medical expense related to the accident must be documented to ensure full compensation.
For instance, a passenger requiring physical therapy for months following a herniated disc injury would receive more compensation than someone treated with over-the-counter painkillers. Thorough records, including invoices and receipts, ensure these costs are fully reimbursed.
Severity of Injuries Sustained in the Crash
The severity of the injuries plays a critical role in determining settlement amounts. Minor injuries such as bruises or cuts result in lower payouts, while severe injuries like traumatic brain injuries or permanent disabilities lead to significantly higher settlements.
For example, a passenger who suffers a life-altering spinal cord injury may receive millions of dollars to cover medical care, loss of income, and pain and suffering. Settlement amounts reflect both immediate and long-term impacts of the injuries.
Loss of Income and Ability to Work
If injuries prevent the passenger from working temporarily or permanently, the settlement may include lost wages and reduced earning capacity. This compensation covers both past and future income losses due to the accident.
For example, a self-employed worker unable to fulfill contracts for months after the accident could claim lost income. In cases of permanent disability, compensation would account for the victim’s lifetime earning potential.
Fault Determination for the Accident
Texas follows a modified comparative fault system, meaning a passenger’s compensation can be reduced if they are found partially at fault for the accident. However, passengers are rarely considered at fault unless their actions directly contributed to the crash.
For instance, if a passenger’s actions, such as distracting the driver, are found to contribute 10% to the accident, their settlement would be reduced by that percentage. Establishing clear liability is essential to securing full compensation.
Available Insurance Coverage for the At-Fault Party
The at-fault driver’s insurance coverage plays a significant role in determining the settlement amount. Texas requires minimum liability insurance of $30,000 per person, but this may not be sufficient for severe injuries. Passengers may also rely on uninsured/underinsured motorist (UM/UIM) coverage for additional compensation.
For example, if medical expenses total $75,000 but the at-fault driver’s insurance only covers $30,000, UM/UIM policies can help bridge the gap. Knowing the available coverage ensures all potential sources of compensation are pursued.
Find out how much injured car accident passengers in Texas can recover. Contact our Midland car accident lawyer to get the answers you need to secure the compensation you deserve!
Find out moreReach out today for expert legal advice; We are West Texas strong!
When you need reliable legal support, our team is here to help. Contact our experienced car accident law team today for personalized guidance and a free consultation to get the justice you deserve.
- Call us at 325-225-0143
- Visit our Contact page
FAQs
How much is a payout on a car accident in Texas?
The average car accident settlement in Texas is approximately $23,000, but ranges from $2,500 to over $23 million depending on the severity of the injuries, the accident-related damages, and the insurance policies of the parties involved. An experienced car accident attorney can help you assess the value of your claim.
How much can you get out of pain and suffering?
Compensation for pain and suffering depends on factors like the severity of your injuries, the impact on your quality of life, and recovery time. Using a multiplier method, damages can range from thousands to hundreds of thousands of dollars. A lawyer can help protect your rights and pursue compensation.
Do you pay taxes on a settlement from a car accident in Texas?
In Texas, most car accident settlements are not taxable. Compensation for physical injuries or medical care is typically tax-free. However, punitive damages and settlement interest are taxable under federal law. Consult our experienced attorney from our firm to understand how your settlement may affect your financial situation.
