Types of Compensation in Texas Truck Accident Personal Injury Claims

In 2024, the Texas Department of Transportation reported over 260,000 road accidents involving a truck, highlighting how often these incidents happen. 

If you were involved in a truck accident in Texas that you didn’t cause, you may be entitled to compensation for the damages you suffered.

Here’s everything you need to know about the types of compensation in Texas truck accident personal injury claims.

What Damages Can You Suffer From in a Truck Accident?

Damages can be split into the following categories:

Economic Damages

Economic damages are when the victim suffers a financial loss as a result of the accident. These damages can vary in nature. For each one, you could be compensated by the at-fault party.

Economic damages can include:

• Medical expenses: If you had to receive medical treatment due to the accident, you could ask for compensation for your medical bills.
• Property damage: You could be compensated for any damage to your property, be it your vehicle, home or other form of property.
• Lost wages: If the accident left you unable to work or affected your ability to earn to your full potential, you could seek restitution.
• Transportation: Any transportation costs that arise from the accident, such as traveling to a doctor’s appointment or to work if your vehicle was written off, could be compensated.

These damages are the most straightforward to compensate for, as it’s relatively easy to calculate how much financial damage the victim has suffered. 

Non-Economic Damages

Non-economic damages are when the victim suffers in ways other than financial, such as emotional distress or pain and suffering. These damages are hard to calculate since it’s difficult to put a monetary cost on trauma.

Physical injuries may be more obvious to judge as a doctor can, in most cases, provide physical evidence to show the extent of the injury. Psychological trauma, however, is much harder to determine the extent of.

Punitive Damages

Punitive damages are reserved for cases where the accident was intentional or caused by malicious or grossly negligent behavior. These damages are designed to punish the person who caused the accident and send a warning to other drivers about the potential consequences.

What Determines the Level of Compensation?

There’s no “one-size-fits-all” solution when calculating how much compensation is fair, as there are so many factors at play. Below are the most influential factors in determining the level of compensation.

Extent of Financial Loss

Any financial loss you’ve suffered as a result of the injury can be calculated, making this the easiest aspect of the compensation to consider. For example, if your $20,000 car was written off and you had medical bills for $10,000, this should be included in the compensation, barring any extenuating circumstances.

Severity of Personal Injury

The severity of the injury will be determined by your doctor’s diagnosis of your injuries and how much pain you’re likely to be in. The length of time it takes to recover and the fallout effect of those injuries will factor into compensation, too. 

In the case of permanent injury, such as loss of limb, compensation will usually be considerably higher. 

Level of Fault/Liability

To recover damages in Texas, a person technically only needs to be 50% or less at fault. Anyone who is more than 50% at fault cannot recover anything. To the extent that a person is at fault, their recovery is reduced by that fault determination.

For example, if someone was found to be 30% at fault and had $50,000 in damages, their recovery would be reduced by 30%, or $15,000. That means they could ultimately recover $35,000 from the other at-fault party or parties. This standard is known as a “modified comparative fault standard.”

How Do You Get Compensation?

Compensation isn’t guaranteed. You need to be able to prove that you’ve suffered injury as a result of an accident that wasn’t your fault. You also need to make sure you do everything by the book. Here are the key things to consider if you want the best chance of winning compensation following an accident.

Collect Documentation

Document as much information as you can to give yourself the best chance of claiming your rightful compensation. 

First, take photo and video evidence of the scene from different angles. Get evidence of any vehicles involved in the accident and any skid marks on the road, and collect information on any drivers involved, plus witnesses who could verify your account.

You should also keep documentation of any expenses you paid as a result of the accident, such as medical bills and vehicle repairs. 

Review the Statute of Limitations

The Texas Civil Practice and Remedies Code § 16.003 states that the statute of limitations is usually two years after the date of the accident. This means that once the two years have passed, you’re generally unable to file a claim. 

However, there are some exceptions to this, such as:

• An at-fault party (defendant) has left the state to try to avoid liability, in which case you can file your claim once they return.
• The injured person (plaintiff) is a minor who doesn’t turn 18 until after the two years are up.
• The injured person is deemed to be of unsound mind.
• A party to the lawsuit is on active duty.

These exceptions don’t always apply, which is why it’s always best to speak to an attorney before the two years are up. Time is of the essence, so getting representation early is better than getting it toward the end of the statutory period.

Hire a Personal Injury Lawyer

In some cases, the parties can agree on a compensation settlement. However, they won’t typically agree on the compensation amount that should be paid. They may even dispute which party was at fault and which should receive the compensation.

That’s why getting a personal injury lawyer to help with your claim is almost always worthwhile. You should particularly consider hiring an attorney if:

• Liability is disputed.
• You suffered severe injuries.
• Your medical bills exceeded $10,000.
• The insurance company’s offer doesn’t meet your expected compensation.

Some lawyers operate with a no-win, no-fee policy, which means you won’t pay any legal fees if you lose your claim. 

Mistakes to Avoid When Seeking Compensation

If you’re injured in a road accident, compensation isn’t guaranteed, even when it’s clear that the accident wasn’t your fault and it caused you damages. In many cases, this can be due to simple errors the claimant makes following the accident. Here are some common mistakes to avoid if you’re involved in an accident: 

• Withholding information: When you don’t give your attorney all the information they need, you leave yourself open to setbacks.
• Exaggerating damages: If you’re caught lying about the extent of damages, it could derail your claim and leave you with nothing.
• Not documenting evidence: Without key evidence of the accident or the resulting damages, it will be difficult to make a successful claim.
• Accepting responsibility: However small or implied it is, any admission of responsibility could be used to shift the blame or lower your compensation.
• Posting on social media: Anything you say on social media could be used by defense teams to highlight discrepancies in your account.

A personal injury attorney can help you avoid all of these mistakes. 

Why Trust Thomas J. Henry Law?

When you’re seeking compensation for injuries you suffered from a truck accident, it’s important to have an attorney you can trust to help with your claim. At Thomas J. Henry Law, we have a long track record of helping our clients make successful personal injury claims. We’re a nationally respected and award-winning personal injury practice with over 250 attorneys available 24/7, meaning you’ll be well-supported by an incredible team throughout your case.

We even operate with a no-win, no-fee promise, which means you’ll only pay us if you win your claim.

Get Your Free Case Review Today

If you’ve been injured in a Texas truck accident and believe it wasn’t your fault, you may be able to claim damages you suffered as a result. For a free case review to determine whether you have the grounds to make a claim, contact us today.