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What is a Fair Settlement for a Rear-End Collision in Texas?

Experiencing a rear-end wreck can be agonizing as you face piling medical expenses and other costs. At Grossman Law Offices, we are here to help you file your claim and obtain the compensation you deserve. Our caring attorneys can help you ensure that you receive a fair settlement award.

But what is a fair settlement for a rear-end collision? Since your award depends on the circumstances of your crash, there is no standard settlement amount. However, some of the factors below can affect how much you recover.

What Factors May Affect My Settlement Amount?

Although there is no “average” settlement, several factors can affect the potential value of your award. 

The Amount of Damages

Of course, the total amount of your damages will have an immense impact on your settlement amount. These damages may be economic or noneconomic.

Economic damages refer to financial costs that are easily measured. Some examples of economic damages you may recover in a settlement award include compensation for:

  • Medical bills,
  • Property damage, and
  • Lost income. 

The severity of your injuries is a crucial factor in analyzing what your settlement amount may be. If you have significant injuries that need ongoing medical care, you are more likely to receive a higher amount.

Noneconomic damages are typically more difficult to determine than economic ones. This is because they refer to subjective losses that are challenging to quantify. Noneconomic damages in Texas consist of the following:

  • Mental or emotional pain or anguish,
  • Physical pain and suffering,
  • Inconvenience, and
  • Loss of enjoyment of life.

If you have more noneconomic losses, your settlement award will likely be higher.

The Determination of Fault

The percentage of fault assigned to each party can also change the value of your claim. People often believe that the driver behind them is going to be entirely at fault in a rear-end collision. But this is not always the case. Either or both parties involved may be held liable for the crash.

Keep in mind when filing your claim that Texas follows the 51% modified comparative negligence law. This means that if you are 51% or more at fault in the accident, you will not be able to collect damages. If your responsibility is 50% or less, then you can still seek compensation, but your damages will be reduced proportionate to your percentage of fault.

Insurance Limits

Insurance limits could also change the potential value of your settlement. It may be challenging to recover a settlement amount that is above the other party’s insurance limits even if your damages are greater. 

Nevertheless, there are several methods you can use to help you recover a fair settlement when your damages exceed policy limits. One method is to have your lawyer file suit against the at-fault driver. The issue with this method is that the other party may not have the assets to pay the judgment. 

The next method is to file a claim with your uninsured/underinsured (UM/UIM) motorist insurance coverage if it is available. This is typically the best option for drivers. UM/UIM coverage can help pay the costs of your medical bills, pain and suffering, and more. 

Lastly, you might be able to seek compensation from a third party. For instance, if there was a defect in your vehicle that contributed to the accident, your lawyer could help you file suit against the manufacturer. Or if the driver was working for someone else when they hit you, it may be possible to hold their employer liable. Your attorney can help determine if there are any other parties that share responsibility for the accident. 

Should I Accept the First Settlement Offer I Receive?

The general answer is no. Typically, insurance companies do not start out with a fair settlement offer. They hope that you will settle for less than your claim is worth just to get your money quickly.

It’s essential to consult with an attorney before accepting any settlement offer, especially if you suffered any kind of serious injury. Our attorneys at Grossman Law Offices can review the insurance company’s offer and help you negotiate a fair settlement.

How Long Might a Settlement Take?

Settlements for a rear-end car accident can take months or years, depending on the complexity of your claim. While this seems like a long time, receiving what you deserve after a rear-end crash is critical. If you accept the first offer from your insurance company, you may be unable to cover the costs of your future medical care. Our skillful attorneys will help you investigate your claim, negotiate with your insurance company, and reach a fair settlement. 

How We Can Help 

If you’re worried about getting a fair settlement for a rear-end collision, call our attorneys today. We provide free consultations 24/7 at 855-326-0000, and we can help you calculate your possible settlement award.

At Grossman Law Offices, we stand out from the rest with our award-winning team of attorneys. For instance, Thomson Reuters recognized our owner and attorney Michael Grossman as a Texas Super Lawyer between 2012 and 2019. Practice areas at our firm include car accidents, truck accidents, motorcycle accidents, and more. Reach out to us today for assistance in recovering the settlement amount you deserve.

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