Are you an accident victim? LET ME HELP YOU SEEK JUSTICE.
A woman with smartphone helping man worker after an accident at the construction site.
The Fostel Law Firm March 22, 2022


A personal injury can leave you with minor to severe injuries, as well as a feeling of overwhelming uncertainty. Fortunately, Texas's personal injury laws are designed to compensate victims of negligent accidents for their injuries, damages, or losses suffered. Knowing how much your case might be worth is critical to help you regain your confidence and strive for the compensation you deserve. A skilled Texas personal injury attorney can help determine the value of your case and file your injury claim.

At The Fostel Law Firm, I'm ready and poised to represent clients in their injury cases. As your legal counsel, I can review every aspect of your case, evaluate the extent of your injuries to determine your case value, and explore your options to seek damages. I will fight vigorously to protect your best interests and attempt to recover the maximum possible compensation for your injuries. The Fostel Law Firm is a nationwide practice and is willing to review cases from any state for no charge.

Possible Recoverable Damages in Texas

The following damages may be recovered by filing a personal injury claim in Texas:

  • Medical costs, including past, ongoing, and future medical expenses for treatments related to the accident

  • Lost income or wages, including overtime, sick leave, and other benefits

  • Compensation for reduced earning capability

  • Out of pocket expenses due to the injury

  • Mental anguish

  • Pain, discomfort, and suffering

  • Loss of enjoyment of life

  • Loss of love, affection, companionship, and comfort provided by the injured person

  • Punitive damages to further punish the at-fault party for their gross negligence

An experienced personal injury attorney can enlighten you about the factors that influence the amount your case is worth and help you seek fair financial compensation for your injuries.

Factors that Determine Case Amount

According to a recent personal injury study, more than two-thirds of participants who got injury payouts received between $3,000 and $75,000. When involved in a negligent accident, you may be eligible to seek fair compensation by filing an injury claim. However, different factors may determine your case value or the amount you may be able to recover. These include:

  • The severity and type of injury sustained

  • The extent of damages suffered

  • Medical expenses

  • Fault or contribution to the accident or injury

  • Insurance coverage

  • Property damages, such as damage to your vehicle, house, and other valuables

  • Loss of current or future income

  • Non-economic damages, such as pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, and more  

If you or someone you know was hurt in a negligent accident, you need to reach out to an experienced personal injury attorney right away. Your lawyer can enlighten you about how your contribution to the accident and other factors might affect your case amount and determine the best way to proceed with your case.

Modified Comparative Fault

The state of Texas follows the "modified comparative fault" principle, with a 51% bar. Under the rule, you will be allowed to recover damages if you were equally or partially (50% or less) at fault for the accident or injury. However, the amount of compensation you may recover will be reduced by your fault percentage.

For example, if the judge awards $60,000 in total compensation but finds your share of negligence to be 30%, your damages will be reduced by $18,000. You will only be able to receive 70% of $60,000 ($42,000). Under Texas's modified comparative fault system, an injured victim may be barred from seeking compensation if they were mostly (51% or more) responsible for the accident or injury.

Steps You Can Take to Maximize Compensation

In order to maximize your injury settlement, you should take the following steps where possible:

  • Hire an experienced attorney to help file your injury claim and negotiate with the insurance company on your behalf.

  • Seek immediate medical attention to determine the magnitude of your injuries and ensure that all treatment received and doctor's appointments are well documented.

  • Don't take the first offer from the insurance company. The insurer's first settlement offer is usually low. Your attorney can help review the offer and propose a counteroffer.

  • Document everything and gather important information.

  • Fully evaluate your damages and losses from every possible angle, including economic and non-economic damages.

  • Make consideration for future recovery and damages.

Every case is unique. Consulting with an attorney is crucial before filing your injury claim or accepting the insurer's settlement offer. A skilled Texas personal injury attorney can help file your injury claim, fight diligently to protect your best interests, and seek to achieve the maximum, fair financial compensation you deserve.

Personal Injury Experience You Can Trust

Being injured in an accident caused by a negligent party can be difficult and unsettling. Especially if it leads to serious injuries, medical treatments, hospitalization, and missed time at work, dealing with the implications can be overwhelming. Nevertheless, you don't have to suffer the challenges and financial liability on your own. An experienced personal injury attorney can explore your possible legal options to recover damages and help determine the value of your case.

At The Fostel Law Firm, I'm dedicated to providing comprehensive legal guidance and compassionate representation to clients in their personal injury cases. As your attorney, I will thoroughly investigate every detail of your case, seek to prove fault and establish liability, and estimate your case value.

Reach out to The Fostel Law Firm today to schedule a simple case assessment with an experienced personal injury lawyer. My firm proudly represents injury victims across Houston, Texas, and the Southeast New Mexico area.


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