If you were hit by a car while walking on the sidewalk or along a roadway, you could be entitled to file a claim to recover financial compensation. You may, however, be unsure how to get this process started or how much you can claim.
Our attorneys at Mostyn Law can guide you through the legal process. Since 1999, our firm has represented injured victims, and we know how to seek damages in Houston pedestrian accidents. We will make every effort to get you the compensation you deserve.
Compensation is meant to help injured Houston pedestrians recover after an accident. Economic damages are the tangible costs resulting from an accident and can include medical bills, rehabilitation expenses, and lost income if you are unable to work or continue your career.
You may also be able to claim non-economic damages. These can sometimes be difficult to calculate because they compensate for intangible expenses you incur, such as emotional distress from surviving a traumatic event, loss of enjoyment of life, and pain and suffering.
Though rare, if the at-fault driver’s actions were especially egregious, the court may award exemplary damages in addition to economic and non-economic compensation. These are sometimes called punitive damages, and they aim not necessarily to compensate the victim but rather to punish the offender and discourage future dangerous behavior.
Every claim is different, and the extent and type of recoverable damages depend heavily on the facts and circumstances of the accident. At Mostyn Law, our experienced attorneys are ready to help you understand what your case is worth and work toward recovering the maximum compensation allowed under the law.
Due to legal limitations, claiming damages after a pedestrian accident in Houston is not always a simple process.
One obstacle is the state’s version of comparative negligence, which reduces compensation by the degree to which you are found responsible for the incident and your injuries. For instance, if the court determines that you share 25 percent of the fault, you will receive 75 percent of the total damages award. However, if you are 50 percent or more at fault, you will not receive any compensation.
There is also a cap on exemplary damages if the court awards them. This is explained under Texas Civil Practices and Remedies Code Section 41.008(b) and includes no more than twice the amount of any economic damages plus any non-economic damages under $750,000, or a flat $200,000.
As in other jurisdictions, state law sets a strict time limit for filing a claim, known as the statute of limitations, which is two years after the incident. If your claim is not filed within this window, it will be very difficult for you to recover damages.
If you were hit by a vehicle while walking, speak with an attorney at Mostyn Law. We have experience pursuing damages in Houston pedestrian accidents and will go above and beyond to help you with your claim.
We take pride in working to get our clients the compensation they need to take care of themselves and their families. Call Mostyn Law to schedule a free consultation.
(832) 844-5116 