Bodily injury refers to a type of insurance coverage that you may be required to carry on your insurance. If you are found to be at fault for a car accident, then this coverage may compensate the third party for damages relating to their physical injuries.
Personal injury refers to a civil action where the victim pursues compensation for their injuries, usually with the help of an attorney.
If you or someone you love has suffered an injury that wasn’t your fault, then you could be owed compensation. At Abraham Watkins, we offer a free legal consultation where we will assess whether we believe you have a valid personal injury case. If we think you do, then we will offer our services on a no-win no-fee basis. We believe that everyone deserves access to high-quality legal representation without an upfront cost.
Abraham Watkins has served the state of Texas for more than seven decades, which makes us one of the longest-running law firms in the state. We are dedicated to personal injury victims and will utilize our wealth of skills, resources, and experience to fight for justice in your case.
Contact us today and arrange a free consultation about your personal injury case at 713-535-9319.
Bodily Injury Coverage After a Car Accident in Texas
Texas is an at-fault estate, which means that the individual found to be at fault for a car accident is also liable for the damages. However, bodily injury liability insurance pays for the other driver’s damages, such as their medical bills, up to the limits of the policy.
Texas law requires drivers to carry at least $30,000 of coverage for injuries per person, up to $60,000 per accident, and $25,000 for property damage. Unfortunately, damages often exceed what is available in a bodily injury claim, and victims may need to seek legal representation in order to secure the compensation they deserve.
What is the Personal Injury Lawsuit Process?
When you have the help of an experienced personal injury lawyer, they will take over your case so that you can focus on your recovery. While each personal injury claim is unique, they tend to follow a similar structure:
Choose a Personal Injury Law Firm
If you have suffered a personal injury, then the first step is to choose a law firm to represent you. In a free consultation, you will have the opportunity to decide whether your attorney is the right fit for your case. Some questions you may want to ask include:
- Have you handled cases similar to mine in the past?
- How many years of experience do you have in helping personal injury victims in Texas?
- How much of your time is spent helping personal injury victims in Texas?
- How will I contact you if I have questions, and how soon can I expect a response?
- Do you have trial experience?
- Can I see testimonials from previous clients?
- What is your fee structure?
Once you have secured representation, your attorney will gather as much evidence as possible from your case. Any evidence that you gathered from the scene, such as photographs, driver information, and witness information, will be taken full advantage of.
Your attorney may also draw upon CCTV footage, police reports, witness statements, and medical reports to establish the facts of your case. If necessary, they may also arrange for testimony from an accident reconstruction specialist.
Next, your attorney will work to establish who was responsible for the accident. There may be more than one party who is liable for the accident, and your attorney may be able to claim compensation from more than one source in order to maximize the amount you could receive.
Texas operates under modified comparative fault, which means that even if you are found to be partially at fault for the accident but less than 50% at fault, you can still claim compensation. However, your settlement will be reduced by the percentage that you are found to be at fault. Your car accident lawyer will help ensure that liability is not unfairly assigned to you to protect your right to compensation.
Assess Your Injuries
You will need to provide evidence for your injuries, what the effect has been on your life, and what your recovery is likely to involve. All of this information will be essential to securing full compensation that truly reflects your damages.
Your attorney may use testimony from medical experts to help establish what your future costs will be, and how your injuries will continue to affect your life.
Calculate Your Damages
All of the information that your attorney has obtained will be used to calculate your damages. Common damages available to personal injury victims include:
- Medical expenses, both past and future;
- Lost wages and lost income capacity;
- Property damage;
- Non-economic damages such as your pain and suffering, emotional anguish, and loss of enjoyment in life.
Negotiate a Settlement
Once your attorney has determined what a good settlement is in your case, they can begin to negotiate with insurance companies. If an agreement cannot be reached, then your attorney will take your case to trial. However, most cases will not go to trial as they are time-consuming and expensive, and usually not in either party’s best interest.
What is the Difference Between Bodily Injury and Personal Injury? FAQ
How much bodily injury insurance coverage should you have?
In Texas, the minimum amount of bodily injury liability coverage you are required to have is $30,000 per person and up to $60,000 per accident. However, this is often insufficient to cover the damage that a serious car accident can cause, and you could be sued for the remainder if you are found to be at fault for the crash. Higher policy limits offer far more protection, and you should consider them when looking for an insurance policy.
Is bodily injury the same as personal injury protection?
No. If you are at fault for a car accident, then your bodily injury coverage will pay towards the other driver’s damages and their passengers. On the other hand, personal injury protection (PIP) pays for you and your passengers regardless of who was at fault. You may opt out of PIP in Texas. However, PIP can be beneficial if you ever get into a crisis, as personal injury claims can take a long time to settle, and PIP could help cover some of your immediate expenses.
What is the difference between personal and physical injury?
A physical injury is an injury sustained to the body, such as a bruise or broken bone, that could have been caused by anything. A personal injury is a legal term to describe physical or psychological harm that is caused by negligence.
How much is my claim worth?
Personal injury claims vary widely, and how much you are owed will depend upon the extent of your injuries, how clear liability is, and the quality of your representation.
Do I need an attorney to pursue a personal injury claim?
In Texas, you are within your rights to pursue a claim without an attorney. However, personal injury lawsuits are complex and time-consuming, and those who do pursue a claim without recreation usually end up with much less than what they deserve. An attorney can take over the entire legal process so that you can focus on your recovery.
Contact Abraham Watkins For a Free Consultation
Understanding the terminology involved in insurance policies and personal injury claims can often feel overwhelming. At Abraham Watkins, we believe in keeping our clients informed and engaged at every stage. We are here to answer your questions and fight for justice in your case.
If you have been in an accident that wasn’t your fault, then experienced representation will give you the best chance at securing just compensation. At Abraham Watkins, we have been helping personal injury victims in Texas for over 70 years, and we want to do the same for you.
Contact us today for a free consultation with a dedicated personal injury lawyer at 713-535-9319.
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If you have additional questions about your accident or injuries – or if you wish to speak to one of our attorneys about your legal options – please complete our online contact form or call our Houston law office at 888-261-8831 or 713-244-5486.
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