April 05, 2023

Blog Thumbnail: Houston Injury & Accidents

When faced with the aftermath of a car accident, it can be difficult to know what course of action to take. One available option is filing a lawsuit against the responsible party; however, many people don’t know how much money their car accident lawsuit may be worth. The answer depends on several different factors, such as the injuries, damage to the vehicle, and the negligence or the fault of the other driver who caused the accident.

Other contributing factors include the amount of medical bills, pain and suffering, and any loss of wages due to not being able to work because of the accident. While this type of legal action should not be taken lightly, it may provide needed compensation for what happened during the accident and its future implications.

What Are the Types of Damages I Can Recover in a Car Accident?

When someone has been injured in a car accident, the most common damages sought in a lawsuit are called compensatory damages. The idea behind compensatory damages is to put the injured party in the position they would have been in if the injury had not occurred. This includes both economic and non-economic losses. Compensatory damages are intended to make the injured party “whole” again through financial compensation.

Economic Damages

Economic damages in personal injury cases involve the recovery of medical expenses, lost income or earnings, and any impairment of future earning capacity. These are essential elements that must be considered when determining the full cost of an injury.

Depending on the accident’s severity, these economic damages can substantially impact an individual’s life. Being unable to work, suffering a substantial loss of income, and the financial burden from medical-related expenses can be overwhelming.

It’s important to understand what is recoverable and document those losses for potential reimbursement. Through comprehensive investigations, it is possible to identify the extent of any economic damages caused by one’s injury and take further steps toward full compensation.

  • Medical Expenses – You can seek reimbursement for the medical expenses associated with a car accident. All economic damages must be well-documented; this means that providing proof of purchase receipts, doctor’s reports, travel expenses, and copies of your pay stubs or tax filings is crucial to receiving compensation for your expenses. You may also need to calculate any reasonable future medical expenses based on a diagnosis from your treating physician. Reimbursement for past and future medical expenses allows injured individuals to recuperate and regain their quality of life without requiring immense financial stress or burden.
  • Loss of Income and Earnings – Unfortunately, injuries resulting from car accidents all too often impact the victim’s ability to earn a living. Fortunately, you are entitled to recover the reasonable value of your lost earnings caused by the car accident. This includes wages, vacation time, overtime, and fringe benefits that you can prove were directly connected to the car crash. Additionally, if you had to use sick time or vacation time during your recovery period then you should also receive compensation. You may be able to claim loss of future earnings as well if they are likely due to your car accident injury.
  • Loss of Future Earning Capacity – If your car accident injury prevents you from doing the work that you were once able to do, or that you were working toward, then impairment of earning capacity can be a way of compensating you. It’s an important element of car accident cases as it seeks to help those injured make up for the damage  to their intellectual and physical abilities that would have enabled them to pursue a job for which they may no longer be qualified. To make sure that any assessment is accurate and fair, proof of future earning capacity often requires skilled vocational and economic experts who are well-versed in disability evaluation issues.

Non-Economic Damages

Non-economic damages are those which are not easily measured or calculated. They can be difficult to quantify, because they are subjective and vary from person to person.

To prove that non-economic damages have been suffered as a result of a car accident, an injured person would typically need to provide evidence such as testimony from medical experts or psychiatrists who can attest to the severity of the injury and its impact on the victim’s life.

  • Pain and Suffering – Pain and suffering can mean different things to different people and it’s an important term to understand if you have been involved in a car accident and are considering a lawsuit. In the legal context, pain and suffering usually refers to physical or emotional distress experienced as a result of a traumatic car accident, and can include mental anguish, humiliation, and inconvenience. When it comes to a lawsuit and including pain and suffering as part of the damages, ultimately, it is up to a court to decide how much money should be awarded based on the known facts of each case. With the right legal knowledge, it’s possible to get full financial compensation for pain and suffering from an accident.
  • Loss of Enjoyment of Life – If you find yourself in a car accident, the joys of life can suddenly feel like they are slipping away. After a car accident, many people find that the activities they used to enjoy now cause them pain instead. Whether it be their favorite hobby, playing sports with their friends, or even just picking their child up in their arms, the loss of enjoyment of life can be devastating. Fortunately, compensation is available if an injury affects your ability to engage in your regular activities or special activities like hobbies or sports. Knowing this can help ease some worry and give you peace of mind during such a difficult time.
  • Disfigurement – Bad car accidents are painful experiences that can leave you with lasting physical scars and disfigurement, which can range from minor cosmetic alterations to major wounds that significantly change your appearance. No one should have to live with a reminder of the sudden tragedy forever, without any form of reprieve. If a car accident has left you with an injury that changes the way you look, know that you deserve compensation for your suffering, especially if a disfigured appearance leads to low self-esteem and mental anguish, even beyond the stress of recovering from the car accident itself.
  • Loss of Consortium – When car accidents occur, it is not just the person injured in the accident that may suffer; the marital relationship can also be damaged. In Texas, if your car accident injuries result in your spouse facing a loss of consortium due to the damage done to your marriage, he or she may be able to recover for damages. This means that there could be financial compensation available for the harm done to both parties, including counseling services to assist with rebuilding the relationship. An experienced car accident attorney can provide guidance and support in filing this type of claim and ensuring you receive all compensation you deserve.

How Much Can You Sue for after a Car Accident in Texas?

In Texas, car accident victims have the right to file a lawsuit to recover compensation for any damages or injuries they may have suffered due to the accident. When deciding the amount that car accident victims can sue for, the responsible party’s degree of negligence is taken into account. This means that an individual can potentially be held liable for any medical bills, lost wages, car repair costs, pain, and suffering. Car accident victims need to talk with a knowledgeable attorney about their rights and legal options when filing a car accident lawsuit in Texas.

Calculating your damages after a car accident is an important part of the lawsuit process. Keeping a journal of all costs and losses, as well as noting your daily pain on a scale from 1 to 5 will help you to estimate all of the different costs associated with an injury, including past and future medical expenses, lost wages, earning potential, pain and suffering, disfigurement, and loss of enjoyment. This process works similarly to the way that a jury calculates damages. By gathering this information before filing a car accident lawsuit, you can ensure that you have accounted for all possible losses due to the car accident.

Are There Limits to How Much I Can Recover in Texas?

Texas has a unique set of laws that limit the maximum compensation you can recover for certain types of damages in civil lawsuits. Having legal representation on your side is essential if you hope to maximize your settlement or court award.

An experienced attorney can help craft arguments that have the potential to bypass some of these damage caps and ensure that you receive what could potentially be a much larger amount. In addition, a car accident lawyer in Houston can help you file a lawsuit within the two years required by Texas law.

How A Houston Car Accident Lawyer Can Help You

When you’ve been in a car accident, an experienced auto accident lawyer in Houston can help you get the compensation you deserve. The attorneys at Waldman Legal know how to take on big insurance companies and get their clients fair settlements. And when claims can’t be resolved through negotiations, we fight hard for accident victims in court. Even though most cases don’t go to trial, we always thoroughly prepare as if we are going in front of a judge or jury. This preparation often helps insurers to offer fair settlements, because they know we are ready to go all the way to court on behalf of our clients if necessary.

Don’t go it alone. Get seasoned legal representation by calling (713) 688-4878 today.