What Kind of Damages Can I Collect for a Car Accident?
A car accident can cause significant stress in your life. When it is not your fault, it can add insult to injury. I'm Jackson Reed, a principal partner at Reed & Terry, L.L.P., and I work with my other principal partner, Travis Terry, and the esteemed legal team that we have built. The skilled car accident attorneys at our law offices in Sugar Land, Richmond, and Katy, TX, proudly serve the greater Houston area to help you get the compensation you need to move forward in life.
There are a few different kinds of damages in personal injury and wrongful death cases. We look at every aspect of your case to determine the types of damages you may be eligible to receive.
What Type of Damages Are There?
Pursuing litigation against an at-fault party following a car accident has many aspects. Our attorneys will look at every aspect of your case to determine what kind of compensation you may be entitled to. Here are some different types of damages we can seek:
Medical Costs
If you or your loved one was hurt during the accident, we can pursue compensation for your medical bills. Your medical insurance company may also go after the responsible party to compensate them for the bills they paid. However, we can go after those responsible for any medical bills you incurred due to your car accident. This can include co-pays, deductibles, and more.
During the litigation process, we will also keep in mind potential medical costs for the future when helping to determine what you might be entitled to. It is crucial that you keep all medical records during this process.
Property Damage
Property can include many things, not just your vehicle. If you suffered property damage during a car accident, such as damage to things like a building, fence, items on or in your property, land, trees, animals, and more, you may be entitled to compensation. During your consultation, we will look at every possible piece of damaged property.
Pain and Suffering
A car accident can be traumatic and impact many aspects of your life. Issues such as pain and suffering, loss of companionship, and even a disability are considered non-economic damages. These things can be considered when pursuing legal damages following a car accident.
Mental Anguish
The emotional aspects of a car accident can have lasting effects on your life. Mental anguish is the mental equivalent of pain and suffering. Mental anguish can include distress, anxiety, fright, depression, grief, or trauma.
Lost Wages
Missing work due to a car accident can result in lost wages. If you were injured and you missed work due to your injuries, you can pursue compensation for lost wages. If you miss work to attend medical appointments, this can also count toward lost wages.
Diminished Earning Capacity
If you were injured in a car accident in Texas and that injury has limited your abilities, you can receive compensation for your reduced capacity to earn a wage. For example, if your injury caused you to become unable to fulfill your duties and you had to take a job or position earning less, you can seek compensation for your diminished earning capacity.
Wrongful Death
If your spouse, parents, or child died as a result of a car accident, you can file a wrongful death claim against the person responsible for your accident. While we cannot bring your loved one back, we can fight for compensation to help. This can also include costs incurred for medical and funeral expenses for your loved one.
Who Can I Collect Damages From Following a Car Accident?
Responsible parties will depend on the cause of the accident. We will look at every aspect of your case to determine who may be responsible for your car accident. Responsible parties may include:
- The other driver
- The other driver's insurance company
- A company, if the car was a work vehicle
- A municipality, if the car was a municipal vehicle OR if the cause of the accident was due to an issue that a municipality had a resposibility to fix
- Vehicle manufacturer if a vehicle defect caused the accident
How Proportionate Responsibility Can Affect Legal Damages
It is equally important to keep in mind that proportionate responsibility may be a factor.
Proportionate responsibility means that if the victim is determined to be more than 50% responsible for the accident, they cannot collect damages. It can also impact the amount the victim can collect based on their level of responsibility.
It's also worth noting that there may be multiple responsible parties in a crash. This is one of the many reasons why having a car accident attorney can be beneficial. We look at the big picture and are not afraid to stand up to insurance companies and big corporations to hold them responsible.
What Kind of Evidence Do I Need to Make a Case?
The more evidence you have to prove your claim, the more likely you are to be successful. Document and retain all evidence. Here are some examples of evidence that can help your case:
- Photos and videos of the accident and scene
- Witness testimonies
- Police reports
- Medical records
- Medical bills
- Expenses relating to your injury
- Expenses relating to your accident (Did you pay for a tow truck, repairs, etc.?)
- Insurance claims you may have made relating to your car accident
- Any communications you have with the driver or other potentially responsible parties
How Do I Collect Damages?
The process to collect damages following a car accident can vary depending on your situation. However, it is very important to keep in mind that there is a time limit in the state of Texas to file a personal injury lawsuit. This limit is two years.
We will first have to evaluate your case and collect evidence. We will then use that information to determine the responsible parties and what types of damages we should seek. After we make that determination, we can attempt negotiations outside of court. If an agreement cannot be reached, a trial will be set for a judge or jury to hear your case.
You Don't Pay Our Law Firm Unless We Secure a Settlement or Win Your Case
At our law firm, we work on a contingency basis. That means we do not get paid unless your case is settled out of court or your civil trial is successful.
We also offer free case evaluations to help you determine if pursuing a case is the right choice for you.
If you or a loved one is the victim of a car accident, our car accident attorneys will fight for you to ensure you are justly compensated.
Don’t Fight Alone
Contact Us Today!
Don't go up against insurance companies alone. Contact our practice to request a free consultation with me today. We serve the greater Houston area, with offices in Sugar Land, Richmond, and Katy, TX.
About Jackson R. Reed
Attorney Jackson R. Reed has served clients since 1994. He is a member of the American Trial Lawyers Association (ATLA), the Texas Trial Lawyers Association (TTLA), the Houston Trial Lawyers Association (HTLA), and the State Bar of Texas.