If you break it you pay for it. This ancient common sense rule applies in personal injury cases as well. If you have been injured due to the negligence of someone else, you have damages, and the law allows you to pursue compensation from those that caused the damage. The Law Office of Doug Goyen auto accident attorneys use expertise, top of the line representation, and a passion for justice on our client’s behalf. We go after the insurance company for car accident injury damages. We can get started on your case immediately. Call today.
DAMAGES IN CAR ACCIDENTS WITH INJURIES
With at-fault insurance, the at-fault driver or the driver’s insurance, or if directly against a larger entity like a company or other type of personal injury, the at-fault side is required to pay for those items that Texas law allows you to recover in a personal injury claim or case. The insurance company may act as if they don’t believe your claims or may try to make it difficult for you to present your claims, but if necessary, Texas law allows you to recover for the following areas listed below.
“Damages” is the term used by personal injury attorneys to describe how you were harmed or lost money in your personal injury or wrongful death case. Most knowledgeable personal injury attorneys have begun to use the phrase “harms and losses” to describe damages. In other words, if you have one or more of the following types of injuries, the law in Texas (and most states) allows you to recover money to compensate you for the injury caused by the negligent conduct (or the damage that was caused, or harm that was caused, or loss that was caused). If you have proof of the damage or injury claimed, the person or company who caused the accident or injury can be forced to pay for the following injuries or damages.
Damages recoverable in auto accident personal injury cases often can include the following:
Past and future medical bills: The amount of the medical bills necessary to treat your injury, both in the past and future.
Past and future lost earning capacity: The amount of money you could have earned had you not been injured.
Past and future lost income: The amount of money you actually did lose due to the injury and will lose in the future.
Past and future physical impairment: How you have been physically impaired in the past due to your injury, and how you will be physically impaired in the future.
Past and future disfigurement: How the injury has physically disfigured you in the past, and how it will do so in the future.
Past and future mental anguish: How your physical injury has caused the mental anguish to a high degree, to the point that it is more than mere disappointment, resentment, embarrassment, or anger, and how it will do so in the future.
Past and future pain and suffering: Compensation is allowed based on the common sense, knowledge, and sense of justice of a jury. Determining the value of pain and suffering in terms of settling a claim is therefore done by trying to think of how a jury – who doesn’t know anyone involved – will think the value is.
Property damage: Damage done to your property, such as your car, or computer, or phone, or glasses are recoverable in an accident case.
Loss of use of your property: Such as rental car bills, or if you used your property or vehicle in your business and lost some of your income while the vehicle was not able to be driven is recoverable in a car wreck or accident case.
Storage: If your vehicle was towed from the scene and stored in a storage yard, you will have bills for that storage. This is recoverable in an auto accident or motor vehicle wreck case.
Total loss of property: If your vehicle was destroyed and cannot be repaired, you are entitled to recover the value of the vehicle just prior to the accident happening.
Diminished value of property: If your vehicle has been repaired, but it is now worth less money due to it having been involved in the accident, then you are entitled to recover money for the diminished value of your vehicle.
Loss of body member or mental function: If you have lost an arm, leg, or mental function or capacity due to the accident or injury, then you may recover damages for the harm that was caused.
Loss of consortium (spouse, parent, child/filial): If the injury severe enough that it has caused you to no longer enjoy the companionship of your family members, then you are entitled to recover for how this has damaged your family relationships.
Loss of services: If a husband or wife can no longer do their normal household duties due to the injury, then they are entitled to recover for this.
Emotional/mental trauma (bystander injury): If a closely related person actually witnesses in some way as it happens, such as sees a loved one seriously injured or killed, they are entitled to recover as a bystander for the emotional or mental trauma caused by witnessing such an event.
Punitive Damages: Are permitted in order to “punish” the person who caused the injury for extremely bad or illegal behavior, with the goal of discouraging such behavior in the future. Tort reform in Texas has weakened the bite of this measure of damages, but it is still available in rare situations or cases – but it is limited by caps enacted by the Texas Legislature in response to the tort reform movement.
Prenatal injury, exemplary damages, prejudgment interest, attorney’s fees, and court costs are examples of additional damages that may be recoverable in accident and injury cases.
Wrongful Death cases include the following damages (harms & losses):
WRONGFUL DEATH ACT losses that can be recovered:
Pecuniary loss (adult child, minor child, parent), loss of society & companionship, mental anguish, loss of spousal consortium, loss of parental consortium, loss of filial consortium, emotional/mental trauma resulting from the contemporaneous perception of death of loved one, exemplary or punitive damages, loss of inheritance.
RECOVERABLE BY THE ESTATE in wrongful death situations:
Funeral and burial expenses, decedent’s conscious pain and suffering, mental anguish, property damage, exemplary or punitive damages, and medical expenses.
In other words, the estate steps into the shoes of the decedent, as though he had not died, and makes the claims on behalf of the decedent. Any money recovered goes to the estate.
Related Damages Pages:
- Bystander Damages in Accidents
- Disfigurement from an Accident
- Loss of Body Part or Mental Function from Accidents
- Loss of Consortium from Accident Injuries
- Loss of Inheritance in Negligence Cases
- Loss of Services from Accidents
- Lost Income from Accidents
- Medical Bills from Accidents
- Mental Anguish Personal Injury
- Pain and Suffering Personal Injury
- Physical Impairment from Accidents
Related Injuries in Accidents Pages: