Suffering a serious injury in an accident is overwhelming enough without the added burden of navigating a complex insurance claims process. In Houston, Texas, accident victims frequently encounter significant obstacles when attempting to secure fair compensation from insurance companies. Factors that may cause delays in the personal injury claim process include lack of cooperation from insurance companies, disputes over liability, the need for extensive medical treatment and recovery, and the involvement of multiple defendants or complex legal issues. The process of handling an injury insurance claim involves multiple steps, from properly documenting injuries and gathering evidence to negotiating with adjusters who may employ tactics to minimize payouts. Insurance companies may intentionally delay the claims process to hinder claimants and discourage them from pursuing their rightful compensation. Common challenges include determining which policy covers the responsible party, dealing with multiple insurance companies in multi-vehicle accidents, understanding the differences between first-party and third-party claims, and responding appropriately to low settlement offers. Insurance companies frequently dispute liability to limit payouts, making documentation and evidence crucial for personal injury car crash claims. Additionally, victims must be cautious about giving recorded statements without proper guidance, as insurers may use early statements to reduce or deny claims.

Legal Rights and Considerations

Texas follows a modified comparative fault system when determining compensation for injured parties, meaning that if you are found partially at fault for the accident, your recovery may be reduced based on your percentage of fault. Under Texas law, once your negligence reaches 51%, you're barred from making any recovery. Texas is a "fault" or "at-fault" state, meaning the person responsible for the accident is generally liable for damages. The state mandates minimum liability insurance coverage, though these minimums are often insufficient for serious accidents. In Texas, the personal injury statute of limitations is two years from the date of the accident to file a lawsuit. The statute of limitations is not the same as insurance claim deadlines—while you may have two years to file a civil lawsuit, insurance companies often have much shorter reporting requirements, sometimes as brief as 30 days. Recoverable compensation may include economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages for pain and suffering. Texas does not set caps on damages for most personal injury cases, such as car accidents, truck accidents, and slip-and-fall injuries. However, punitive damages are capped at the greater of $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages, up to $750,000. 

Related Resources

Relevant Local Courts:

• Harris County Civil Courts handle matters including malpractice, damages, breach of contract, personal injury, and multi-district litigation.
• Harris County District Clerk's Office: 201 Caroline, Suite 420, Houston, TX 77002; Phone: (832) 927-5800
• Harris County Civil Courts at Law: 201 Caroline, Houston, Texas 77002

Support Services for Accident Victims:

• Houston Police Department Victim Services Division provides assistance to crime victims and their families, including help with applying for Crime Victims' Compensation. HPD Headquarters: 1200 Travis St., Houston; Phone: 713-308-0080
• Texas Attorney General's Crime Victims' Compensation (CVC) Program helps victims and their families by covering costs like medical bills, counseling, lost wages, and more.
• Texas Health and Human Services Commission provides families with numerous resources for finding help with rent, utilities, food, and healthcare.
• Brain Injury Association of Texas offers resources designed for helping with insurance needs and locating physicians.

State Traffic Laws and Regulations:

• Texas Transportation Code, Title 7 – Vehicles and Traffic: https://statutes.capitol.texas.gov/?link=TN
• Texas Civil Practice and Remedies Code (Statute of Limitations): https://statutes.capitol.texas.gov/
• Texas Department of Insurance: https://www.tdi.texas.gov/