Legal Question in Personal Injury in Texas

Re: motorcycle wreck-civil suit

Usually when you settle with the driver's insurance company, it makes you sign a release of all claims before it will give you a check. If you did this, then you will likely not be able to sue the owner. Homeowner's policies routinely exclude claims related to autos. Pain and suffering is not arbitrarily limited.

Re: motorcycle wreck-civil suit

Unfortunately, when you settle a case, you also have to sign a Release. This Release prohibits you from filing suit against any of the settling parties. However, if the case was settled with only one party's insurance company (say, the driver's) and you have not signed a Release letting out the owner, you could then file a claim against the owner, providing your statute of limitations (two years in Texas) has not expired. There is technically no cap on "pain & suffering" (legally called "physical pain" and "mental anguish") in this situation. However, be aware that, due to George Bush and Rick Perry and their "tort reform" movement, juries in most areas of Texas now give very, very little (if anything at all) for "pain & suffering."