QUESTION

Since Texas is an “At Fault” state is the person who’s at fault in a car accident responsible for paying the person they hit medical bills?

Asked on Aug 16th, 2023 on Automobile Accidents - Texas
More details to this question:
My auto accident case have been going on since June 2019 and it is now August 2023. My litigator offered me $35,000 but my medical bills are $60,000. Should they have to pay the entire amount since it was their fault?
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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If a driver causes an automobile collision that results in bodily injury to another person, the driver is legally responsible for reasonable and necessary medical expenses paid or incurred by the injured person.There are a lot of factors that may affect whether you ought to accept a settlement for less than the amount of expenses you have paid or incurred.  One is whether the other driver is solely at fault.  Another is whether the other driver has insurance and, if so, what are the limits of his insurance policy.  Another is whether the other driver has non-exempt assets which can be seized to satisfy a judgment.  Another is whether you have underinsured coverage to make up the difference between any gap in the other driver's insurance limits and the actual amount you paid or incurred in medical expenses.  Another is whether your healthcare providers are willing to compromise what is owed to them for your medical treatment (i.e. whether they may be willing to accept less than $60,000).  You indicate that your "litigator" has offered you $35,000.  Assuming you have hired a competent lawyer with experience handling automobile accident cases, you should consult your lawyer as to the pros and cons of accepting the offer as he/she will have more detailed knowledge of the facts of your particular case and should be able to explain in more detail to you the facts and legal issues which should affect your decision.
Answered on Aug 16th, 2023 at 10:20 AM

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