Can You Seek Compensation for Minor Car Accident Injuries?

October 15, 2024 Vehicle Wrecks

Motor vehicle accidents can result in minor, severe, or catastrophic injuries. When the injuries are severe or catastrophic, the victim will likely seek compensation. Severe or catastrophic injuries are accompanied by significant medical bills and sometimes long-term disabilities that affect a person’s ability to work and lead a normal life.

But what about minor injuries? When it comes to minor injuries, some victims don’t see the need to seek compensation, while others are unaware that they can receive settlement. This blog covers all you need to know about minor accident injury compensation and what you’re entitled to.

If you or a loved one sustained injuries in a minor car accident, Terry Bryant Accident & Injury Law lawyers can guide you on what to expect. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.

Why Choose Our Car Accident Lawyers to Represent You After a Minor Car Accident?

At Terry Bryant Accident & Injury Law, we understand that every accident victim is entitled to compensation for their injuries and other losses from a car accident. This is true whether the collision is minor or severe and we are dedicated to providing the same attention to every client we represent.

We commit resources and our team to your case to ensure the proper steps are taken to help you seek compensation. Our attorneys will ensure your compensation covers your losses and will use their decades of experience to help you receive a fair outcome. If you need a team that will serve you wholeheartedly and work in your best interests, give us a call now for a free and confidential consultation.

We have a track record of successfully representing those seeking compensation for minor accident injuries and securing fair settlement. 

Texas as an At-Fault Car Accident State

Texas is a state that mandates drivers to buy auto liability insurance policies, making it an at-fault car accident state. This means those liable for an auto accident will compensate victims for their injuries, other monetary and non-monetary losses. The minimum amount drivers should carry on their insurance policies are as follows:

  • $30,000 for bodily injury per person
  • $60,000 for bodily injury per accident (if multiple people are injured)
  • $25,000 for property damage per accident.

Under the no-fault insurance system, the injured party can file a third-party claim with the at-fault driver’s insurance company for compensation. If the insurance company fails to make a reasonable settlement offer or doesn’t want to pay compensation, the victim can file a personal injury lawsuit. The injured party can also file a lawsuit to recover additional damages if the at-fault driver’s policy limit is insufficient to pay for their damages.

Furthermore, although an injured party can seek compensation, the amount is subject to Texas’s modified comparative negligence rule. This rule indicates that the settlement will be less than the injured party’s fault percentage. The injured party must not be more than 50% at fault to receive compensation. This is also known as proportionate responsibility, which applies whether you sustained minor or severe injuries.

Types of Minor Injuries in a Car Accident

An accident injury is considered minor if it causes severe harm and does not require extensive medical treatment or lengthy recovery time. It’s important to note that minor injuries can also cause significant discomfort, so exercising your right to compensation is advisable. Below are some common minor injuries our clients have sought compensation for:

  • Whiplash: This is a soft tissue injury caused by the sudden back-and-forth jerking movement of the neck. Whiplash is common in rear-end collisions, and symptoms include neck pain and stiffness, headaches, dizziness, and limited range of motion.
  • Bruises and Contusions: This occurs when small blood vessels under the skin break due to impact, causing swelling and discoloration. Bruises and contusions result in tenderness and swelling in the affected area.
  • Cuts and Scrapes: Sharp objects inside a car can cause cuts and scrapes, which can result in bleeding and possible infection if not treated properly.
  • Sprains and Strains: This occurs when the ligaments in the ankles, knees, or wrists are stretched or torn. Sprains and strains cause pain, swelling, and bruising in the affected area, and the affected person also experiences limited movement.
  • Minor Concussions: Concussions are minor traumatic brain injuries (TBIs) caused by a blow to the head or a sudden jolt that shakes the brain inside the skull. Affected persons experience dizziness, nausea, confusion, and temporary memory loss.

Other minor injuries sustained by car accident victims are muscle soreness, minor burns, and emotional distress.

Call out: Minor injuries might not be life-threatening, but getting treatment and proper care is crucial to prevent the injuries from worsening. 

What to Do After a Minor Car Accident Injury

After a minor car accident resulting in injury, taking specific steps to ensure your safety, complying with legal requirements, and protecting your rights is essential. Therefore, it’s important to do the following after a minor car accident:

Ensure Safety and Check for Injuries

Move your car away from the road and ask the other driver to do the same. This helps prevent more accidents, ensures your safety and that of other road users. Then check yourself, the other driver, and any passengers for injuries.

Report the Accident

Texas law mandates drivers to report any car accident that results in injury, death, or property damage. Call the local police or the Texas Highway Patrol to file a report. Note that even in minor accidents, a police report is vital evidence.

Exchange Information

Speak with the other driver and obtain the following information:

  • The driver’s name and contact details
  • Insurance company and policy number
  • Make, model, and color of the other driver’s vehicle
  • The driver’s license and license plate numbers
  • Accident location.

If more than one vehicle is involved, get this information from all the drivers. It will come in handy when seeking compensation after determining the primary at-fault party.

Document the Scene

Documenting the scene is vital, even for minor car accidents. Be sure to take photographs of the place or area where the crash happened, including any visible vehicle damage. If there are witnesses, get their contact information, as their testimony can strengthen your claim.

Get Medical Treatment

Ensure you get medical treatment once you leave the accident scene. If EMS came to the scene, let them treat you and then go to the hospital for a thorough medical checkup. Your medical  records are essential when seeking compensation.

Call Our Car Accident Lawyer

Our attorneys at Terry Bryant Accident & Injury Law can guide you throughout the claims process, explaining what to expect and how much compensation you may be eligible to receive. We will protect your rights and ensure the at-fault party’s insurer takes your claim seriously.

Can You Seek Compensation for Minor Car Accident Injuries?

Yes. You can seek compensation after sustaining injuries from a minor car accident if you are not at fault. You can file a third-party insurance claim with the at-fault driver’s insurance company. If your claim succeeds, you will receive compensation.

If it doesn’t, you can file a lawsuit, although rare for minor accident injury compensation. Nevertheless, you should not be discouraged from exploring all your legal options. Alternatively, you can file a claim for benefits if you have personal injury protection (PIP) insurance or MedPay, regardless of who is at fault.

When you file a claim or lawsuit with the at-fault driver’s insurer, you can receive economic and non-economic damages, that cover:

  • All medical expenses related to the minor injury.
  • Lost wages for the period you could not work because of your injury.
  • Pain and suffering for the discomfort caused by the wound.
  • Property damage if your car got damaged in a minor accident. This is possible even if the damage to your vehicle was not extensive.

Your compensation may cover all your damages from the accident, but the amount will not be as significant as those recovered in severe or catastrophic injury cases. 

What Is the Statute of Limitations for Minor Accident Injury Compensation?

Under Texas Law, you typically have two years from the accident date to file a lawsuit to recover compensation for minor car accident injuries. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) It’s possible that if you do not take action within this time, you will lose your right to seek compensation. The sooner you take action, the better.

Were You Injured in a Minor Car Accident? Book a Free Consultation With Us Now!

If you or a loved one sustained injuries in a minor car accident, our Terry Bryant Accident & Injury Law attorneys can help you seek compensation. We will negotiate with the at-fault driver’s insurance company on your behalf and ensure you receive fair compensation. We are always committed to protecting your best interests, so contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 to receive a free and confidential consultation.

Attorney Terry Bryant

Attorney Terry BryantTerry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]

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