MOTT & MOFFETT LLP
LEGAL BLOG

Does Texas Have a Cap on Personal Injury Damages?

Any incidents resulting in severe bodily injuries can be painful and overwhelming, but they can also be incredibly costly. When you suffer damages and injuries because someone else was distracted, breaking the law, or ignoring your safety otherwise, it would be unjust for you to pay these costs out of pocket. This is why car insurance and personal injury lawsuits exist, but is there a monetary value limit on what compensation you can receive? What happens when the costs of a car accident are higher than what the at-fault party’s insurance covers?

We can offer valuable assistance if you want help navigating the legal process following a personal injury accident. The personal injury lawyers with Mott & Moffett have access to helpful resources—including tools, strategies, and information—that can help you while you traverse the legal system and fight to hold the responsible parties accountable. You deserve fair compensation for your injuries and other expenses, and we can help. We offer all our clients support through our proven services, and our compassionate team is ready to help you.

Is There a Limit on the Compensation You Can Receive in a Texas Personal Injury Lawsuit?

While there is no upper limit for damages and compensation you can receive in Texas, there may be other obstacles in the way of your injury lawsuit. Many lawsuits will demand payment from the at-fault party’s insurance company, but their policy may limit the amount you can receive from this source. Suppose your accident results in damages worth $70,000, but the responsible party’s upper limit is $60,000 for an incident. In that case, the insurance company will likely refuse to give you the remaining money you need to recover. So what can you do?

Can You Sue the At-Fault Party for Additional Payment?

If the at-fault party’s insurance policy limit is less than the compensation you need, you may be able to receive more. However, there may be a limit to the amount you can recover from them directly, depending on the value of their assets. Unfortunately, many people cannot afford more expensive insurance policies, meaning they may not be able to afford costs outside their insurance policy limit.

In some cases, at-fault individuals may be able to pay additional compensation costs in periodic installments. These parties may also receive court requirements to sell off certain assets to pay for your recovery value. Outside of these options, there should be few restrictions on your ability to receive your total compensation.

Should You Get Uninsured or Underinsured Vehicle Insurance?

Many insurance companies offer uninsured or underinsured vehicle insurance. These policies can be beneficial if you are concerned that other drivers cannot provide you with the compensation you need to recover fully. The company providing your insurance policy may help pay compensation above the at-fault party’s policy limits. If you can afford uninsured or underinsured insurance, we recommend you do so to ensure you receive the maximum possible compensation in a severe accident.

Who Should Work With a Personal Injury Attorney in Texas?

We strongly recommend that everyone involved in legal matters works with a lawyer. We suggest you speak with and retain a personal injury lawyer for help amid personal injury claims. Your attorney can help you through the legal process in several ways, helping streamline each step. They can help you collect and assess evidence, join or lead investigations related to your case, and otherwise reduce stress.

Please refrain from representing yourself during the legal process, as extremely few risks are associated with retaining a lawyer. There are many risks to self-representation, including losing the compensation you deserve. With an attorney, you are far more likely to avoid mistakes and receive the compensation you deserve.

Facing Severe Injuries in Texas? Get Justice With Help From Mott & Moffett’s Personal Injury Lawyers

If you face serious bodily injury due to another party’s negligent actions, you will likely benefit from working with a personal injury attorney with Mott & Moffett. Our attorneys have extensive experience in personal injury law, including car accidents, wrongful death, dog bites, and many more. Our team dedicates itself to supporting clients through every step of the legal process, and we can do the same for you.

To get in touch with a representative and work with our team, please don’t hesitate to contact us. You can reach us at 888-596-6582 or fill out our contact form on our website at your earliest convenience. No matter your preference, we are ready and waiting to hear from you. We’re excited to work together and bring you the compensation you need to recover.

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