Have you been involved in a car accident that has left you with property damage, medical bills, and personal pain and suffering? If so, it may me possible to sue the other driver by filing a car accident claim to recover compensation. 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.
Texas breaks damages into two main categories: economic damages and non-economic damages. Economic damages include those types of damages that can be quantified, such as medical expenses that the injury victim incurs because of the accident and lost income. Non-economic damages are not so easily quantifiable and include such damages as pain and suffering and mental anguish.
Another important category of damages in Texas is special damages. These are damages that are based on the victim’s particular situation. For example, a homemaker who is injured in a car accident may not suffer a loss of income because of an injury sustained in the accident. However, he or she may have to hire a house cleaner or babysitter due to the injuries. Texas law requires that such special damages be specifically pled in a lawsuit.
The medical expenses that the victim has already incurred as well as the medical expenses that are reasonably anticipated to be incurred in the future are often a significant aspect of economic damages. These damages can often be established by providing a bill that shows the total amount charged and owed. Juries can determine the amount of medical expenses by reviewing these bills.
A victim can recover damages for lost income. This type of damages compensates victims for money that they would have earned had the accident not occurred. Victims may lose earnings because they are seeking medical treatment or the injuries prevent them from working. These damages are established by showing check stubs and tax returns to indicate how much money the victim would have received if the accident did not impact them and comparing this to the amount that the individual made during the time. The jury compensates the victim for the difference between these damages.
Loss of Earning Capacity
If the accident impacted a victim’s earning capacity, he or she may be eligible for damages for loss of earning capacity. If the victim can no longer perform his or her former work and has to take a lower-paying job, he or she may be able to receive compensation for the difference between these two figures.
In some situations, the injuries are so severe that the victim cannot return to any type of work. In these types of situations, an economic expert may need to be retained to explain what the victim would have likely received in compensation for the remainder of his or her career. The economic expert may analyze a number of variables, including the victim’s age, education, career, work skills, rate of raises, promotions and other factors.
Pain and Suffering
One type of non-economic damages that an accident victim may be able to recover is pain and suffering damages. Pain and suffering damages compensate victims for the physical pain and suffering that they sustained due to the accident. These damages are often subjective in nature and vary based on the jury’s perception of what the particular type of injury would be worth to them.
This non-economic type of damage compensates Texas victims whose mental health has been affected by a personal injury. For example, seeing a loved one injured in a shocking manner or being the victim of a viscous dog attack may cause a person mental pain and anguish.
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.
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!