Legal Question in Personal Injury in Texas

Personal injury victims are entitled to the legal damages as found by a judge or jury. In Texas, that can include paid or incurred medical expenses (not just out of pocket by you) pain and suffering, mental anguish, disability, disfigurement lost earning capacity and other damages. Additionally exemplary damages may be possible when the accident was caused by a drunk driver. Consider talking to a local personal injury lawyer about your rights and options.

I can't tell you what your insurance entitles you to without reading your policy. All Texas drivers are required to carry liability insurance with limits of at least $15,000 to cover damages caused to others. Often, drivers carry higher limits. Damages to you not covered by your medical insurance, would likely be covered by the other drivers liability insurance.

Also, if the other driver is prosecuted, any judgment against him will likely require him to pay restitution for the damages caused. You really need to look into bringing in a personal injury attorney to help you establish what all your damages are to get an idea of what a proper settlement with the liability carrier would be. The driver's liability carrier will try to pay as little as possible. Don't sign anything without having them reviewed by your attorney..

Assuming you have not signed a release, or signed a check from the drunk's Ins carrier,you still have a claim against him for med, wages, physical impairment, pain, suffering & mental ang. & exemplary damages.

The med from your carrier may be PIP. Get a lawyer you trust and they should pay what they owe.

Texas minimum limits are 30/60/25. They must give you a copy of the D's policy when you sue them. Call me if I can help. 713-629-1111