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What Damages Can I Recover After a Texas Car Accident?

Posted on February 15, 2024

Experiencing a car accident is not only physically and emotionally taxing but often leads to financial burdens as well. In the state of Texas, understanding the types of damages you can recover after a car accident is essential for pursuing fair compensation. If you still have questions, reach out and schedule a free consultation to discuss your accident.

What Damages Can I Recover After a Texas Car Accident?

Compensatory Damages

Compensatory damages serve to compensate a victim for both their current and anticipated losses. This category encompasses two distinct types: economic damages and non-economic damages.

Economic Damages: Actual financial losses. Some examples include:

  • Medical bills: emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, etc.
  • In-home medical care
  • Nursing home or rehabilitation costs
  • Medical treatment
  • Property repair or replacement (e.g., vehicle and any personal belongings damaged in the crash)
  • Lost wages from missed work
  • Diminished earning capacity (if you are no longer able to work at the same level as before the accident)

Non-Economic Damages: Compensation for intangible losses, which are harder to prove. For instance:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of opportunity
  • Loss of consortium
  • Physical impairment (e.g., disability, loss of a limb)
  • Disfigurement
  • Unjust hardship

Punitive Damages

Punitive damages, the second type of compensation in select car accident cases, are rarely granted. This category is specifically reserved for instances where defendants (the at-fault parties) exhibited malicious or egregious conduct. Serving as a form of punishment, punitive damages also aim to discourage similar harmful actions by others in the future.

How Much Compensation Can I Get After a Car Accident?

The potential compensation you may receive following a car accident hinges on several factors, including:

Liability and Case Strength

Liability, synonymous with fault, is a pivotal determinant. Strong evidence supporting another party’s liability can significantly enhance your claim’s value. Conversely, if evidence suggests your partial or full responsibility, your compensation might be reduced. In Texas, following the rule of modified comparative negligence, you must be 50% or less responsible to recover compensation, with your percentage of fault affecting the amount recovered.

Extent of Damages

The magnitude of your injuries and other losses directly influences your claim’s value. Considerations include:

  • Presence of pre-existing injuries and their exacerbation.
  • Permanence of your injuries.
  • Amount, type, and cost of current medical care.
  • Anticipated future medical care expenses.
  • Gaps in medical treatment after the collision and reasons for such gaps.
  • Lost wages.
  • Ability to return to work.
  • Impact of injuries on daily life activities.
  • Overall and anticipated impact on your life.
  • Any suffering experienced by your spouse or children.

Insurance Policy Limits

Compensation for injuries sustained in an accident is often constrained by the at-fault party’s insurance policy. If the liable party’s coverage has low limits and your damages exceed them, the insurance company is not obligated to cover the difference.

Speak To an Attorney Today

If you have been involved in an accident, contact an experienced and trusted Waco accident lawyer. They can arrange a free consultation to discuss your case, evaluate your legal options, and help ensure you recover the compensation you deserve.