Car accidents cause significant personal and financial losses, including anxiety and distress due to the high costs of medical bills. If you were injured in a car accident, seeking legal advice as soon as possible is important to protect your right to compensation.
Joe Stephens of Stephens Law Firm has been helping victims receive car accident compensation in Texas for 40 years. He has assessed potential damages in numerous cases and can determine possible damages in your case.
Economic Damages
Economic damages compensate you for measurable financial losses in Texas car accident cases. These injury-related costs and other expenses arising from the crash may include:
Medical Expenses
Past, current, and future medical bills can count as economic damages if you have documentation connecting them to the accident. Be sure to seek medical attention immediately after any collision, partially because courts see health care records as evidence of your injuries.
You’ll want to account for all of your injury costs, including any hospital stays, surgeries, rehabilitation services, and medications. Keep all medical and pharmacy bills to prove your expenses.
Lost Wages
Economic damages include any paid work you have missed or expect to miss because of your injuries. Pay stubs showing your typical earning patterns can help calculate these damages, as well as schedules or other documentation showing what hours you missed.
If you are self-employed and don’t have pay statements, you may be able to estimate losses in other ways. Your attorney can advise you on how to proceed.
Property Damage
A car accident settlement or judgment can also compensate you for repairing or replacing your car. You may also be reimbursed for a rental car while your vehicle is out of commission. To receive reimbursement, you’ll need to provide documentation such as repair estimates, invoices, and receipts showing how much you paid out of pocket.
Other Out-of-Pocket Expenses
When calculating your losses, include all out-of-pocket expenses and costs related to your accident and injury. You may be entitled to compensation for costs like transportation to and from medical appointments, home modifications to accommodate a disability, and hiring help for daily tasks you can no longer manage on your own. Every expense tied to your recovery matters, so keep detailed records to support your claim.
Non-Economic Damages
Non-economic damages compensate you for the intangible losses you suffered. The financial value of non-economic damages depends on the circumstances of your case and may include:
Pain and Suffering
This broad category includes physical, emotional, and mental anguish. Pain and suffering damages are calculated using one of two methods. The more common method is multiplying your economic damages by a factor between 1.5 and 5, depending on the perceived severity of your suffering. For example, if your economic damages totaled $100,000 and your assigned multiplier was two, your pain and suffering damages would be $200,000.
The other, less common, option is to assign a value for each day of your physical recovery. This value is called a per diem and is typically used in cases where your recovery timeline is clearly defined—for example, if your doctor estimates it will take six months to heal from your injuries. The per diem is multiplied by the duration of your recovery to calculate your damages.
Loss of Enjoyment of Life
If your injury has made you unable to participate in hobbies or activities that you love and typically enjoy, you may be entitled to compensation for loss of enjoyment of life. There’s no fixed formula to calculate its value—attorneys typically use factors like the impact on your daily life, the duration of your limitations, and the overall severity of your injuries to argue for fair compensation.
Loss of Consortium
Car accident injuries have catastrophic consequences for victims’ loved ones. If your spouse or close family member was severely injured or killed in an accident, you may be able to get compensation for the loss of their companionship and care.
This is called loss of consortium. It can be part of a wrongful death case or a separate claim by the family of a seriously injured individual. It covers the loss of intangible things like companionship, support, affection, and sexual connection.
Disfigurement and Scarring
Some victims can claim damages for physical changes to their appearance. These damages compensate the victim for the harm related to disfigurement caused by the accident but not for expenses such as reconstructive surgery.
Punitive Damages
If the party at fault for your accident acted with extreme negligence or intentional recklessness, the court may award punitive or “exemplary” damages. These damages exist to penalize the at-fault party and are separate from damages awarded to compensate for any of the plaintiff’s losses.
If you receive punitive damages, the court will limit them to the greater of $200,000 or an amount equal to twice your economic damages, plus up to $750,000 in non-economic damages.
Factors That Determine Your Injury Compensation
The circumstances of your case determine the amount of damages you can receive after your Texas car accident. Influential factors include:
- Accident severity: More serious accidents typically lead to higher compensation due to greater injuries and damage.
- Wrongful death: If the crash caused a death, you may want to file a wrongful death lawsuit and sue for damages covering funeral costs, lost income, and final medical bills.
- Accident liability: In Texas, if you are no more than 50 percent at fault for an accident, the court will reduce your award by your fault percentage. Because of Texas’s comparative fault rules, having clear evidence of the defendant’s responsibility is essential to your case.
- Insurance coverage: Since Texas is an at-fault insurance state, you can only collect up to the policy limit of the responsible driver’s insurance policy. If that’s not enough, you may need to use your own insurance or sue the at-fault driver.
Why Choose Stephens Law Firm for Your Injury Claim?
As an experienced car accident attorney, Joe Stephens will fight to get you the maximum compensation possible. Joe has handled all types of car accident cases in Texas and can expertly handle your case from start to finish.
As an aggressive but fair negotiator, Joe will fight for your rights against powerful insurance companies and prepare your case for trial if the insurer refuses to offer a fair settlement.
Joe is one of only 10 Texas attorneys to be double board-certified. Having earned credentials from the Texas Board of Legal Specialization and the National Board of Trial Advocacy, he is uniquely qualified to argue cases in court.
For more than two decades, Joe has argued hundreds of accident and injury cases. He has a strong track record of success with case results, including seven- and eight-figure verdicts. Joe is proud to bring the same energy and dedication to even the most minor insurance claim cases because every client gets Joe’s personal attention, and there is no fee unless you win.
Let Joe Fight for You
Your car accident case may qualify you for economic and non-economic compensation, covering your tangible and intangible losses. If the at-fault party demonstrated extreme misconduct, punitive damages may also be a part of your award.
Work with an experienced attorney who can help you maximize your compensation and give you the expert advice you deserve. We’re available 24 hours a day, seven days a week at (281) 623-1701, or you can reach out online. Consultations are always free.
