When you have been involved in a motor vehicle accident that has resulted in injury, working with an experienced personal injury lawyer is your best option for getting the compensation you deserve. Every car accident case is unique, our accident lawyer is here to provide you with a free consultation to determine if we are able to help you navigate your case. We understand how difficult insurance companies can be following an accident, this is why we represent clients with their needs put first. We do not accept payment until after you have been compensated for your injury.
What Kinds of Damages May I Claim for Car Accident Injuries?
There are several types of damages you may claim in a personal injury lawsuit if you have sustained car accident injuries. Claims for medical expenses are chief among these, but you may also claim damages for lost wages or diminished employment opportunities, pain and suffering, or loss of affection (also called “loss of consortium”). This article focuses on the basic types of damages that someone injured in a car accident may want to consider seeking.
If you are in a car accident, injuries may be as minor as a few cuts and bruises, or as serious as paralysis or some other permanent disability. Further, since some injuries may not produce symptoms at first or may need additional medical care down the road, it’s important to undergo a thorough medical examination immediately following a car accident if you believe you may have been injured.
Medical expenses arising from a car accident may include (but aren’t limited to) any of the following:
- Physical and/or cognitive therapy (if a brain injury);
- Ambulance fees;
- Consultations with health care professionals;
- Accessories such as crutches or heat pads;
- Disfigurement (see Pain and Suffering, below);
- Permanent disability;
- In-home services (even if non-medical).
If your doctor believes you will need additional medical treatments or therapy at the time your claim is settled, your attorney may calculate the likely costs. Doctors and health care professionals can help with these estimates. If a motorist is liable for the death of another motorist, the surviving family could file a claim for wrongful death, in addition to any medical costs incurred between the accident and time of death.
Pain and Suffering
Pain and suffering is legally defined as mental or physical distress for which one may seek damages in a lawsuit. These damages are based on the type of injury, the seriousness of the pain suffered, and the prognosis for future pain associated with the injury. Pain and suffering may also include mental and/or emotional damage stemming from the incident, such as anxiety or stress. Some states allow plaintiffs to include pain and suffering damages for a general loss of enjoyment of life.
Not all states award damages for pain and suffering in the same way. While some allow a jury to assume that there must always be some pain and suffering associated with a bodily injury, others require a certain period of consciousness during the injury to make that claim.
After a car accident, injuries may cause you to lose earning capacity. This may also include an inability to work due to physical therapy sessions, time spent in a hospital, problems with mobility, or other factors that prevent you from earning your usual wages. You must be able to prove that the injuries have impaired or diminished your ability to earn money in the future, based largely on past earnings. A jury will consider factors such age, occupation, skill, experience, and life expectancy.
Loss of Affection or Companionship
If you are married, an injury could deprive you and your spouse of the ability to show affection, including sexual activity, which is referred to in legal terms as a “loss of consortium.” Unlike other types of damages, loss of affection, companionship, and/or consortium are claimed by the uninjured spouse. But these types of damages can’t be recovered if you don’t recover damages for your injuries.
If a motorist dies as a result of his injuries, surviving family members may claim loss of society and companionship damages. For this type of claim, the jury considers whether:
- the deceased motorist had a loving and harmonious relationship with the plaintiff(s);
- their living arrangements; and
- the general impact of the motorist’s death on the surviving family members.
Spanish Speaking Car Accident Lawyer in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
We make it easy for those who have been injured due to the actions of others to navigate the legal system in order to get the results they need to continue on in their lives. Schedule your no-obligation car accident consultation with Attorney Caruthers today. Our team will work with you every step of the way to ensure your needs are being met and that you are getting the treatment you deserve in your car accident case. Don’t hesitate, the sooner you call the more we can do to get you results.
Personal Injury Law Office in Houston, Texas
If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Our team works hard to bring the most efficient and practical solutions to your car accident case. Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball.