What Kind of Damages Can You Sue for an Accident in Texas?
If you have sustained injuries due to a car crash in Texas, you’re entitled to filing a personal injury claim to recover expenses and damages from the at-fault party. However, you must prove that the other person was, in fact, responsible for the accident and all resultant damages and injuries in order to hold them liable for paying for injuries you may have sustained, or damage caused to your car.
Personal injury law can be complex and may not be something you can handle on your own. Contact our team of expert auto accident lawyers to help you with the legal process. We work to ensure all our clients are compensated fully.
Filing Your Claim
The Texas statute of limitations gives you up to two years for reporting an auto accident. You should file your lawsuit as quickly as you can to avoid overrunning the legally allowed time frame for filing a case. You should include details on the following damages so that they can be used to determine the award you are entitled to:
- Seriousness of injuries sustained
- Medical treatment costs
- Loss of wages
- Other factors that will determine the compensation you will get include:
- Evidence presented
- Whether you did something that contributed to the accident
- The insurance coverage that you and the at-fault party have
The at-fault party’s insurance company will likely compensate you if you have more evidence against the other person responsible for the accident. Your chances of winning the lawsuit will also increase if you hire a lawyer who is experienced in handling similar cases. If you hire an auto accident attorney in Houston to represent you, he/she will ensure you file for the maximum settlement you are entitled to.
Types of Damages for Which You Can Sue
If you win an auto accident damages or injury claim, here are some of the damages you will likely recover:
- Medical Expenses – After a crash, you’ll require medical treatment. All medical expenses, including present and future treatment related to the injuries you sustained after the accident, are eligible for monetary compensation.
- Lost Wages and Income – If the injuries you suffered prevent you from working, you should be reimbursed for your lost income and wages. This applies when your physical condition prevents you from performing work, as well as time spent away from work seeking medical attention.
- Reduced Earning Capacity – You may suffer long-term financial instability if the accident caused injuries that limit your earning potential. For instance, if you’re forced to change your career due to the injuries you sustained, your damages claim can include the money you’re no longer in a position to earn.
- Non-Economic Damages – You can also file a lawsuit for disability, loss of companionship, or pain and suffering. Though there aren’t any specific monetary costs of these damages that you can quantify to the court or judge, your lawyer can estimate the amount you should be compensated for these non-economic damages. Moreover, if the at-fault driver was negligent or acted in a malicious manner against you on the road, you may recover punitive damages from them as well.
Dealing with the At-Fault Party Insurance Company
Dealing with the insurer of the other driver is the most challenging part of an auto accident because they are forced to work against you when a driver they have insured caused the accident. You should seek expert legal counsel and representation to ensure you’re settled faster and that you’ve been awarded what you deserve.
The 50% Comparative Law
Texas follows the modified comparative negligence law which states that a court has the mandate to decide the fault that falls on each party involved in an auto accident. You may recover damages if your fault level does not exceed the other party’s level of fault. However, your compensation for damages may be reduced if you were involved in a crash that you partially played a role in causing, even though you can still file a lawsuit for such accidents.
Claiming Damages for Injuries Resulting from an Auto Crash in Texas
You should demand justice and seek compensation if you’ve suffered injuries in a crash, especially if the other party is responsible for causing the accident and their insurer doesn’t want to settle you or wants to compensate you with something less than what you deserve.
Insurance companies are more likely to offer fairer compensation awards when an attorney is involved in the case. Speak to one of our auto accident experts at 713-677-2159 to learn about your legal options and all of the damages that you are entitled to claim based on the specifics of your case. Call now for a free, no-obligation consultation.
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