Slip and Fall
Premises liability claims for injuries caused by unsafe property conditions.
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Car Accidents
Dallas Car Accident Lawyer
After a collision, the medical bills arrive long before any insurance check does. Attorney Avia Gauthier represents people injured in crashes across Dallas, Collin, and Denton Counties.
Overview
How a Texas Car Accident Claim Works
Texas is an at-fault state. The driver who caused a collision, and that driver's liability insurance, is generally responsible for the harm that follows. That means a claim turns on two questions: who was at fault, and what the injuries actually cost.
Most claims begin with the insurance company rather than the courthouse. An adjuster investigates, assigns fault, and eventually makes an offer. That offer reflects the insurer's view of the case, and it is often made before the full extent of an injury is known.
If the insurer disputes fault, disputes the injuries, or will not offer a reasonable amount, the next step is filing suit. Under Texas Civil Practice and Remedies Code § 16.003, most injury lawsuits must be filed within two years of the date of the crash.
Talk with Avia Gauthier
Get answers about your injuries, your deadlines, and your options.
The Details
What an Injury Claim Can Include
Texas law divides damages into categories. Which ones apply, and what they are worth, depends entirely on the evidence in a particular case.
| Type of Compensation | Category | What it can cover |
|---|---|---|
| Medical expenses | Economic | Emergency care, hospital stays, imaging, surgery, physical therapy, and medication |
| Future medical care | Economic | Treatment a doctor expects will still be needed, including future procedures |
| Lost income | Economic | Wages lost while recovering, and lost earning capacity when an injury affects future work |
| Property damage | Economic | Vehicle repair or replacement, and related costs such as a rental |
| Pain and mental anguish | Non-economic | Physical pain and emotional harm caused by the injury, past and future |
| Impairment and disfigurement | Non-economic | Lasting physical limitations, scarring, and other permanent effects |
| Exemplary damages | Rare | Available only where conduct rises to gross negligence or worse, and limited by statutory caps |
What Matters
What Shapes a Car Accident Claim
Two crashes that look alike can resolve very differently. These are some of the factors that matter most.
Proving fault
Crash reports, photos, dash and surveillance video, vehicle damage, and witness accounts all bear on who caused the collision.
Comparative fault
Texas reduces recovery by your share of responsibility, and bars it entirely if you are found more than 50 percent at fault. Insurers know this and often argue it.
Medical treatment and gaps
Consistent treatment documents an injury. Long gaps between visits are frequently used by insurers to argue the injury was minor or unrelated.
Available coverage
Texas requires only minimum liability limits, so serious injuries can exceed them. Uninsured and underinsured motorist coverage on your own policy may matter a great deal.
Liens and health insurance
Hospitals, health insurers, and government programs may claim repayment from a settlement. Handling those claims affects what actually reaches you.
Timing
Settling before the medical picture is clear can leave future treatment uncovered, while waiting too long risks the two-year filing deadline.
FAQ
Car Accidents Questions
More questions? See the general injury FAQ or read what to do after a car accident.
Most personal injury lawsuits in Texas must be filed within two years of the date of the crash. Some situations change that, and claims involving a city, county, or other governmental unit often require written notice far sooner, sometimes within months. Because missing a deadline can end a claim entirely, it's worth confirming the dates that apply to your case early.
You may still be able to recover. Texas uses proportionate responsibility: your recovery is reduced by your percentage of fault, and you're barred from recovering if you're found more than 50 percent responsible. Insurers often assign more blame to the injured person than the evidence supports, which is one reason the fault investigation matters.
Not without understanding what it covers. Early offers are often made before the full extent of an injury is known, and accepting one usually means signing a release that ends the claim, including for treatment you still need. Have the offer reviewed before you sign anything.
Texas requires only minimum liability limits, and some drivers carry none. Uninsured or underinsured motorist coverage on your own policy can apply in that situation, and there may be other sources of coverage. Reviewing all available policies is an important early step.
Many claims resolve through negotiation without a trial. Filing suit is sometimes necessary when the insurer disputes fault or the injuries, or when the deadline is approaching. Even after a suit is filed, cases often settle before trial.
Get medical attention, report the collision, and photograph the vehicles and the scene if you can. Keep medical records, bills, and anything the insurance companies send you. Avoid giving a recorded statement to the other driver's insurer before getting advice.
Related
Other Practice Areas
Car Accidents Claims Across North Texas
This page provides general information about Texas law, not legal advice, and laws change. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. See the full disclaimer.
Hurt in a Crash?
Speak with attorney Avia Gauthier about your injuries and your options. Call (214) 377-0786 or send a message to request a consultation.
Contacting Gauthier Law Firm does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established.