Texas Car Accident Compensation: What Damages Can You Recover?
With some of the highest speed limits in the nation and large numbers of huge 18-wheelers on the highways, Texas has developed a reputation for having very dangerous roads. In fact, statistics show that fatality rates on Texas roads are significantly higher than the national average. For this reason, it is important to understand what compensation you may be entitled to after a car accident. Keep reading below if you want to find out all about car accident compensation in Texas.
Medical Expenses
The first type of compensation you may be entitled to is compensation for medical expenses. This type of compensation encompasses many things, including:
- Hospital bills
- Diagnostic tests
- X-rays, MRIs, and CT scans
- Doctors’ visits
- Anesthesia costs
- Ambulance transport costs
- Physical therapy costs
- Chiropractic treatment
- Medications prescribed by the hospital
- Wheelchairs or other assistive devices
- In-home nursing care
- Any other medical costs necessary since the accident
Disfigurement
If the accident caused you to have permanent scarring, discoloration of skin, or other changes, then you may be entitled to further compensation from the at-fault driver. However, in order to receive damages for this, you will need to safely store all medical records, photos of scars, and testimony about resulting embarrassment or emotional impacts.
Property Damage
Property damage is the next type of compensation you may be entitled to. Suppose your vehicle was damaged during the car accident. In that case, you are entitled to compensation to pay for repairs to your vehicle or, if too badly damaged, pay for a replacement vehicle.
If your vehicle can be repaired, you will need to prove repair costs. You can do this by getting multiple repair estimates from certified mechanics. However, if your car is beyond repair, you will need to find out the market value of your old car to establish how much it would cost to replace it. To assist you with your claim, you will need to document the damage through inspection records, photos, accident scene descriptions, and witness statements.
Pain and Suffering
Car crashes often leave people with serious injuries that they cannot fully recover from. These individuals may be able to make a claim for pain and suffering against the at-fault driver. To prove pain and suffering, you will need to get access to medical records documenting the treatment you have had. You will also need to prove that you have been in pain since the accident occurred. Finally, you will need to explain how the pain affects your daily life.
Lost Income
Lost income is another type of compensation you may be entitled to. This includes:
- Wages
- Salaries
- Tips
- Bonuses
- Any other income sources lost after the accident
Proving lost income is pretty simple; you must gather letters from your employer detailing lost hours or wages. In this letter, explain how much time you have missed at work and what caused you to miss this time.
Loss of Future Earning Capacity
Car accidents can have life-altering consequences, including permanent disabilities and disfigurement. People who suffer serious injuries may never be able to return to the jobs they once loved. Thankfully, anyone whose life is altered due to a car crash can apply for extra compensation.
To be approved for this type of compensation, you will need to have a vocational evaluation done. This will prove limitations on your future employment capabilities.
Help at Home Costs
If your injury is so severe that you can no longer manage daily tasks around the home, then you may be entitled to help at home costs. This covers several things, including hiring the following:
- Domestic help
- Cleaners
- Gardeners
- Food delivery services
- Maintenance personnel
- Any other helpers you may need to complete the tasks you can no longer do on your own.
Emotional Distress
While this one may not be visible for everyone to see, it can have an enormous impact on a person's life. Emotional distress compensation can be paid to anyone who is diagnosed with a mental illness after a car crash. This includes things like depression, anxiety, PTSD and grief.
Anyone filing for this type of compensation will need to have evidence of their condition. This might be a report from a counselor or a psychotherapist or testimony from your friends and family about the impact the accident had on your mental health.
Reduction in Enjoyment of Life
As mentioned above, people who are left disabled or disfigured after a car accident are entitled to claim disfigurement and pain and suffering. However, these aren’t the only claims they can make; they can also claim a reduction in enjoyment of life. You will be expected to explain how your injury affects every aspect of your life.
Damage to Your Marriage or Partnership
Another type of compensation you may be entitled to is compensation for damage to your marriage or partnership. This includes things like:
- Losing a spouse's companionship
- No longer being able to have marital relations
- No longer having help around the house
To claim this compensation, your spouse or partner will need to write a testimony explaining how the accident has affected your relationship.
Shortened Life Expectancy
It can be hard to hear that an accident has caused you to have a shorter life expectancy. However, while there’s no way to increase your life expectancy, the positive news is that you may be entitled to compensation from the at-fault driver. Economists can determine how much money you will lose from income and other things.
Punitive Damages
A large number of car accidents in Texas are caused by intentional or abhorrent conduct. This includes things like skipping red lights, driving on the wrong side of the road, and driving under the influence of drugs or alcohol. If this happened to you, you may be entitled to punitive damages. However, this can be hard to prove. You and your car accident lawyer Fort Worth will need to prove intentional wrongdoing.
How to Get the Maximum Available Compensation
There are several important steps accident victims can take to maximize the compensation available to them under Texas law:
- Thoroughly document all expenses, losses, and effects on your life that are as a result of the accident.
- Hire an experienced Fort Worth car accident lawyer. A vehicle accident lawyer can identify all avenues for compensation, fully investigate the fault, deal with insurers, determine the settlement value of your claim, and take the case to trial if needed to maximize recovery. And, although hiring experienced motor vehicle accident lawyers doesn’t come cheap, they can help you maximize your compensation.
- Have injuries and disabilities professionally evaluated.
- Document how the injuries specifically impact your life.
- Be reasonable in settlement negotiations. Credible documentation and skillful legal advocacy from a personal injury accident lawyer can maximize compensation, but unreasonable demands can cause lower settlements.
Unfortunately, each year, thousands of people are injured or killed on Texas roads. In fact, accident and fatality rates in Texas exceed national trends. If you’re wounded in a car accident in Texas, you may be able to receive substantial compensation. Contact our experts today at Karns & Karns Personal Injury and Accident Attorneys. Our motor vehicle accident lawyers can help you through every step of the process, from collecting evidence to receiving compensation. We have been successfully dealing with cases like these for a number of years and have succeeded in winning clients millions in compensation. You can contact us by phone at 800-4THE-WIN (800-484-3946) or call into one of our Texas offices.
