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The holidays should be a time of celebration, family gatherings, and reflection; not stress and financial hardship. Unfortunately, this season can be one of the most dangerous times on Texas roads. Between Thanksgiving and New Year’s, car accidents spike due to increased travel, holiday parties, and general distractions.
When these crashes happen, insurance companies know you’re vulnerable and they often take advantage of the chaos to protect their profits.
At Scott Callahan & Associates, we’ve seen firsthand how insurers use the holiday season to minimize payouts and pressure victims into quick settlements. Here’s what you need to know to protect yourself and your family this holiday season.
Insurance adjusters understand that the holidays are hectic. Between family obligations, financial strain, and time off work, most people simply don’t have the energy to fight a drawn-out claim.
That’s exactly why insurance companies strike when you’re distracted. They count on victims to:
In short, insurers exploit the season’s stress to protect their bottom line.
Many people face extra expenses in November and December such as holiday gifts, family trips, or unpaid time off work. Insurance companies know this and often make quick but unfair settlement offers hoping you’ll accept out of desperation.
These offers rarely cover long-term medical care, lost wages, or pain and suffering. Once you accept, you typically waive your right to seek more later (no matter how much your expenses grow).
Ever heard “our offices are short-staffed for the holidays”? It’s a common excuse used to delay payments or stall your claim. Insurers know the longer you wait, the more pressure builds for you to settle.
This tactic is especially frustrating if your car needs repairs or you’re facing mounting medical bills. Don’t let their delay tactics force your hand; your patience could save you thousands.
If you don’t seek medical attention immediately after an accident – perhaps because you’re traveling, busy with family, or think you’ll “feel better soon” – the insurance company may argue your injuries aren’t serious.
They’ll claim your delay proves the injury wasn’t caused by the accident. This is why prompt medical documentation is critical, even during the holidays.
After an accident, especially during what’s supposed to be a joyful time, emotions can run high. Insurance companies use this to their advantage by contacting victims early (sometimes within hours of a crash) before they’ve had time to think clearly or consult a lawyer.
Their goal? To get you to admit partial fault, sign statements, or accept settlements before you fully understand your rights.
It’s tempting to take a quick payout when you need holiday cash—but don’t. Wait until you know the full extent of your injuries and vehicle damage. Settling too early often means leaving significant compensation on the table.
Keep detailed records of the accident, medical treatments, and any communication with the insurance company. Save receipts, emails, and adjuster notes. If you speak with an insurance rep, follow up in writing to confirm what was said.
Even minor aches or stiffness could signal a more serious injury. Getting checked out right away protects your health and strengthens your claim. Insurance companies can’t argue you weren’t hurt if a doctor confirms your injuries early.
Adjusters often sound friendly but are trained to get you to say things that weaken your claim. Politely decline to give recorded statements until you’ve spoken with an attorney.
An experienced lawyer knows these tactics and can stop them in their tracks. Your attorney can handle negotiations, gather evidence, and ensure deadlines are met—so you can focus on recovering and enjoying time with your family.
The end of the year can also bring legal and financial deadlines that make timing crucial:
At Scott Callahan & Associates, we’ve helped countless Texans stand up to powerful insurance companies—especially when they try to take advantage during stressful times. We know how these corporations operate, and we don’t let them push our clients around.
Whether you were hit by a drunk driver after a holiday party, injured in a shopping center parking lot, or dealing with an unfair insurance delay, we’re here to fight for you.
We handle everything from start to finish, including:
After an accident, victims often face more than just medical bills and lost wages. They deal with daily pain, emotional struggles, and the frustration of a disrupted life. While medical costs are easier to calculate, the question many accident victims ask is: “Can I recover money for pain and suffering?”
The answer is yes. In many personal injury cases, Texas law allows accident victims to seek compensation not only for economic losses like hospital bills and income, but also for the physical and emotional toll of their injuries. This type of compensation is commonly called “pain and suffering damages.”
In this blog, we’ll explain what pain and suffering means in legal terms, how it’s calculated, and what you need to know if you’ve been injured in Texas.
When the law refers to “pain and suffering,” it covers a wide range of physical and emotional hardships that don’t come with a clear price tag. Unlike a bill from a hospital or a receipt from a mechanic, these damages are intangible but very real.
Examples include:
In short, pain and suffering compensation is meant to acknowledge the human cost of an injury, beyond just the financial bills.
To understand pain and suffering, it helps to distinguish between the two main categories of damages in personal injury law:
These are straightforward, documented with bills, receipts, or pay stubs.
These damages compensate for how your life has been changed, even though they’re not tied to a specific invoice.
Both types are important, and together they form the basis of a fair settlement or verdict.
Yes, Texas law allows accident victims to recover damages for pain and suffering in most personal injury cases. However, the amount and availability depend on several factors:
Unlike a hospital bill, there’s no exact formula for calculating pain and suffering. However, insurance companies and courts typically use a few common methods:
The most widely used approach.
This method assigns a daily dollar amount to your pain and suffering, then multiplies it by the number of days you’ve experienced hardship.
Sometimes, juries or judges rely on precedent, testimony, and expert opinion to decide what is fair, without applying a strict formula.
Key point: Insurance companies will often argue for the lowest multiplier or daily rate possible, while your attorney will present evidence for why a higher figure is justified.
Because pain and suffering is subjective, proof matters. To increase the value of your claim, your attorney may use:
The stronger the evidence, the harder it is for insurance companies to dismiss your suffering.
In most personal injury cases, there is no cap on pain and suffering damages in Texas. However, there are exceptions:
Outside of these exceptions, juries and settlements can award significant amounts for pain and suffering, depending on the circumstances.
Insurance companies know that pain and suffering damages can significantly increase the value of a claim. That’s why they often try to:
Without an attorney, many victims accept far less than they deserve—especially for pain and suffering.
An experienced personal injury lawyer plays a key role in proving and maximizing pain and suffering compensation by:
At Scott Callahan & Associates, we believe every client deserves to be treated with dignity and respect—and that includes fighting for recognition of the very real pain they’ve endured.
So, can you recover money for pain and suffering after an accident? Yes. Texas law allows victims to pursue compensation for the physical and emotional hardships caused by someone else’s negligence.
While these damages are harder to measure than medical bills or lost wages, they are just as important—if not more so—because they reflect the true cost of how your life has changed.
If you’ve been injured, don’t let an insurance company tell you what your suffering is worth. Work with an experienced personal injury attorney who can fight for the full and fair compensation you deserve.
Call Scott Callahan & Associates today for a free consultation at 713-888-9000. Let us protect your rights so you can focus on healing.
Being in a car accident is stressful enough without the added worry of whether your vehicle can be repaired or if it’s considered a “total loss.” Many drivers are surprised to learn how insurance companies determine whether a car is totaled, what that means for their claim, and what options they have moving forward.
If you’ve recently been in a wreck in Texas and are asking, “What happens if my car is totaled?” this post will walk you through the process step by step.
A car is considered “totaled” when the cost to repair it is greater than (or close to) the actual cash value (ACV) of the vehicle before the accident. In other words, if fixing your car costs more than it’s worth, the insurance company will likely declare it a total loss.
In Texas, insurance companies generally use a total loss threshold of 100%. This means if repairs exceed the car’s fair market value, it’s totaled. However, insurers also factor in things like salvage value (what they could sell the damaged car for), which may push a borderline case into “total loss” territory.
Insurance companies don’t use the “blue book” value you might expect. Instead, they rely on proprietary formulas, recent sales data in your area, and appraisal software to determine the ACV of your car.
Key factors include:
This can sometimes lead to frustration, as many drivers feel the value offered is lower than what they could reasonably get for their car.
If your car is totaled after a wreck in Texas, here’s what typically happens:
This is where things get tricky. If your car is financed or leased:
This is why gap insurance can be so important. Gap insurance covers the “gap” between your car’s ACV and what you still owe on your loan. Without it, you could end up paying for a car you can no longer drive.
Sometimes, drivers want to keep their totaled car—especially if it still runs or has sentimental value. In Texas, you can usually keep the vehicle, but there are conditions:
Keep in mind, cars with salvage or rebuilt titles have much lower resale values and can be difficult to insure.
It’s not uncommon for accident victims to feel shortchanged by an insurer’s valuation. You are not required to accept the first offer.
Steps you can take:
An experienced personal injury lawyer can help you fight for a fair settlement, ensuring you’re not left upside down on your loan or unable to replace your car.
If your policy (or the at-fault driver’s policy) includes rental reimbursement, you may be entitled to a rental car while your claim is being processed. However, coverage is often limited to a certain dollar amount per day and may stop once the insurance company issues the total loss settlement.
If you don’t have rental coverage, you’ll need to rely on other transportation options while negotiating with the insurer.
Yes, but only in certain circumstances. Remember, your car’s total loss claim only covers property damage. If you were also injured in the wreck, you may pursue a personal injury claim for:
The value of your personal injury claim is separate from your car’s ACV and may be much greater, depending on your injuries.
Here are some issues Texas drivers often face when their car is totaled:
Without legal guidance, many accident victims accept the insurer’s first offer, even if it leaves them in financial hardship.
Having your car totaled after an accident is frustrating, confusing, and often financially overwhelming. In Texas, the insurance company determines your car’s value and decides whether it’s a total loss—but you have rights, and you don’t have to accept an unfair payout.
If your car has been totaled in a wreck, it’s important to:
At Scott Callahan & Associates, we fight to protect your rights and ensure you’re not left carrying the financial burden after someone else’s mistake.
Call us today for a free consultation at 713-888-9000 and let us help you get back on the road and back on your feet.
