One of the first questions people have after a car crash is what their claim is actually worth. There is no straightforward answer, as every collision scenario results in different consequences for the people involved.
There are numerous factors that influence how much compensation you can potentially claim after a car crash. What determines how much you can seek after a car crash?
The extent of the injuries involved
You can typically only make claims for real losses suffered in the crash. Your medical expenses and potential future medical costs will be one of the biggest expenses.
You may also have gone weeks without working or could have diminished earning potential because of your injuries. There are also property damage costs to consider, as well as the impact of your injuries on your independent living ability.
The insurance policy of the responsible driver
What compensation you receive will largely depend on the insurance coverage of the other driver. Some people may only carry the minimum amount of insurance required under Texas law. Others will have more thorough policies to protect themselves from financial liability.
You can generally only claim up to the maximum value of the policy. Insurance companies may have different internal policies about how aggressively they try to fight claims or limit how much they pay after a crash. Any losses that exceed the coverage available may require a civil lawsuit.
The allocation of fault
When police officers write up a report about a collision, they will typically attempt to identify the person primarily responsible for the crash. In court, the other driver could use a claim of proportionate responsibility to reduce their personal responsibilities.
This is basically a claim that you are partially responsible for the wreck. However, as long as your proportionate responsibility for the crash is less than 50%, you likely still have grounds to bring the civil lawsuit against the other driver.
The location of the crash
The rights you have after a crash will largely depend on the jurisdiction of the collision. Which courts you go through will influence not only the demeanor of the judge but also the attitude of the jury members that may hear your case.
Having plenty of documentation about your injuries and the impact on your life as well as an understanding of the insurance policies can help you pursue the maximum amount of compensation after you get seriously hurt in a Texas car crash.