A car accident claim is filed when you suffer crash-related losses due to the negligence of another driver or party. Many claims are settled outside of court although some claims end up in a court and result in a personal injury lawsuit. A car accident lawyer can advise you on how best to proceed with your claim.
Under Texas personal injury laws, you are entitled to seek a wide range of damages for car crash injuries. However, the precise damages available vary from one case to another. Here is a look at what is typically included in a car crash settlement, and the factors that affect the settlement.
In a car crash settlement, you can seek and recover the following damages depending upon the circumstances of your case:
A settlement typically includes the full extent of medical bills associated with your crash-related injuries. You can seek both past medical costs and the expected future medical expenses. These include:
A car crash injury can leave you bed-ridden for several days, weeks, or even months. This leads to lost wages as you can’t resume your job or work. You are entitled to receive the full amount of lost wages from the at-fault party.
The amount of lost wages is calculated by considering your pre-crash wages, your position at the job, and the number of hours you missed due to the injury.
Lost earning capacity pertains to your inability to earn the same wage in the future due to the consequences of your injury. An injury may leave you temporarily or permanently unable to do the same amount or nature of work that you performed before the crash. This qualifies as lost earning capacity. You can recoup compensation to cover this loss.
The most obvious kind of property damage in a car crash is damage to your vehicle. You may be forced to have your vehicle repaired or replaced. The law allows you to be compensated for this loss. In addition to repair costs, you can also seek damages for diminution in the value of your car following the crash.
Victims of car accidents often suffer from physical pain and mental suffering. They may also experience anxiety, depression, PTSD, and other symptoms. You can seek non-economic damages for these losses. Other types of non-economic damages cover loss of enjoyment of life, loss of consortium, and loss of household services.
Several factors impact the total amount of your car crash settlement and the damages you can seek:
You need relevant evidence to support your car crash claim. The more evidence you have, the more an insurance company is likely to settle your claim. You must bring together police reports, witness statements, photos and videos, expert testimonies, accident reconstruction reports, and any other evidence you can muster.
Texas uses a modified form of contributory negligence, known as the Proportionate Responsibility Rule. Under this rule, you can seek damages as long as you are 51% or less responsible for an accident. Even so, your settlement amount is reduced by the percentage of your fault.
The presence or absence of a lawyer by your side can greatly impact your car crash settlement. A qualified lawyer can help you understand your rights and fairly estimate the amount you deserve. Your attorney can also negotiate effectively with the insurance company to secure a suitable settlement that covers your losses.
Many car crash victims fail to seek legal help because they believe it will incur a steep expense. The truth is that most personal injury lawyers work on a contingency basis. This means you don’t have to pay any money upfront to hire their services.
Furthermore, working with a lawyer for your injury case will earn you an average of 3.5 times more compensation than trying to go it alone.
If you were involved in a Dallas car crash and suffered injuries, we can help you. Here at Chris Lewis & Associates P.C., our lawyers work hard to ensure that you get the compensation you deserve. Call us today at 214-984-3113 to discuss your case with our lawyers.