A car accident in Texas can leave you with more than just a wrecked car. You may be entitled to compensation for the financial impact of medical bills, lost wages, and car repairs. Accidents also take an emotional toll. You could recover damages for pain and suffering, emotional distress, and the impact on your overall quality of life. In extreme cases, punitive damages may even be awarded to punish the at-fault driver.
Types Of Damages Available After A Texas Car Accident
Economic Damages
Table Of Contents
These are the tangible, out-of-pocket expenses you incur as a direct result of the accident. They can be easily quantified with receipts, bills, and invoices.
Medical expenses, including ambulance rides, emergency room visits, hospital stays, surgeries, medications, physical therapy, rehabilitation, and any future medical care you may need due to your injuries.
Lost wages if your injuries prevent you from working. You can seek compensation for your lost income and potential future income if your injuries have a long-term impact on your ability to work.
Property damage to cover the cost of repairing or replacing your vehicle. It can also include the value of any personal property damaged in the accident, such as electronics, clothing, or other items in your car.
Non-Economic Damages
Unlike economic damages, non-economic damages are more subjective and difficult to quantify. They compensate you for the intangible losses that affect your quality of life.
Pain and suffering to cover the physical pain and discomfort caused by your injuries, as well as the emotional distress and trauma you’ve experienced.
Mental anguish, including psychological conditions like anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues that developed as a result of the accident.
Loss of companionship, intimacy, and emotional support from your spouse or partner due to your injuries.
Disfigurement or physical impairment
Loss of enjoyment of life, such as hobbies, sports, or social events.
Punitive Damages
These damages are not intended to compensate you for losses. Instead, they are meant to punish the at-fault driver for their reckless or malicious behavior. Punitive damages are awarded in rare cases where the defendant’s conduct was particularly egregious, such as drunk driving or intentional harm.
In Texas, the amount of punitive damages is capped at the greater of two times the amount of economic damages plus an amount equal to non-economic damages (up to $750,000), or
$200,000
Consult with top Houston personal injury attorneys to determine the full extent of your damages and build a strong case for maximum compensation.
How Settlements Are Calculated
Calculating a car accident settlement in Texas involves the following:
Gathering Evidence: This is the foundation. Your attorney will collect documentation of your economic damages – medical bills, repair estimates, pay stubs proving lost wages. But they’ll also seek evidence of your non-economic damages, such as medical records detailing your injuries, psychological evaluations, and even testimony from loved ones about how the accident has affected your life.
Calculating Economic Damages. The math here is relatively straightforward, adding up your medical expenses, lost wages, and property damage. However, it’s important to factor in potential future costs, such as ongoing medical treatment or diminished earning capacity due to long-term injuries.
Assessing Non-Economic Damages. There’s no fixed formula for pain and suffering. Attorneys often use a “multiplier method,” multiplying your economic damages by a number (usually between 1.5 and 5) based on the severity of your injuries and the impact on your life. Some attorneys may also use a “per diem” method, assigning a daily value to your pain and suffering over a certain period.
Considering Comparative Negligence. Texas follows a “modified comparative negligence” rule. If you’re found partially at fault for the accident, your compensation will be reduced by your percentage of fault. For instance, if you’re 20% at fault, your settlement would be reduced by 20%.
Factors That Determine Your Settlement Amount
Several factors can influence the final settlement amount:
Severity of injuries
Insurance policy limit
Strength of Evidence
Attorney’s skill and experience
If negotiations with the insurance company fail to reach a fair settlement, your attorney may recommend filing a lawsuit to protect your rights and seek full compensation through the court system.
How A Car Accident Attorney Can Help
Navigating the aftermath of a car accident can be overwhelming. From dealing with insurance companies to understanding complex legal procedures, the process can be daunting. This is where a top Houston personal injury attorney can be invaluable.
A personal injury attorney will conduct a thorough investigation of your accident. This includes gathering evidence like police reports, witness statements, and medical records. They may even consult with accident reconstruction experts if needed. Their goal is to build a strong case that clearly establishes the other driver’s fault.
Determining the full extent of your damages requires more than just adding up medical bills. A skilled attorney will consider all your economic and non-economic losses, including future medical expenses, lost earning potential, pain and suffering, and emotional distress. They’ll ensure that no aspect of your claim is overlooked.
Insurance companies are notorious for trying to minimize payouts. Your personal injury attorney will skillfully negotiate with the insurance company on your behalf, advocating for your maximum compensation. They’ll handle all communication, protect you from aggressive tactics, and ensure your rights are protected.
Attorneys have the experience and knowledge to maximize your settlement. They know the legal strategies that work and can anticipate insurance companies’ tactics. They’ll leverage their expertise to build a strong case and fight for the compensation you deserve.
If a fair settlement cannot be reached through negotiation, your attorney will not hesitate to take your case to court. They’ll prepare your case for trial, gather expert witnesses, and present a compelling argument to the judge and jury.
Understanding Texas car accident settlements is crucial to receiving fair compensation. Don’t navigate this complex process alone. A relaible personal injury attorney can be your advocate, fighting for your rights and ensuring you get the justice you deserve.
