The types of damages you can seek via a DWI accident lawsuit depend on the details of your collision, injuries, and losses. However, you can generally recover economic and non-economic damages as they relate to your situation. They can include medical expenses, lost income, and pain and suffering. Our Dallas DWI accident lawyers are here to help.
You Can Recover Economic Damages Through a DWI Accident Lawsuit
Your economic damages are your injury-related expenses with direct financial values. They’re verified using bills, receipts, invoices, and estimates. They can include:
- Medical bills. From hospitalization to rehabilitative care, you can recover every expense related to your healthcare needs. Your claim could include reimbursement for healthcare expenses you haven’t incurred yet, like anticipated surgeries.
- Lost income. Depending on your job’s details, you could recover compensation for lost tips, bonuses, benefits, wages, and estimates. If your condition will affect your long-term earning capacity, you can seek financial recovery for that, too.
- Property damage costs. Your claim or lawsuit could offer coverage for the cost of replacing or repairing your car.
- Out-of-pocket losses. These can include temporary transportation arrangements, childcare costs, and assistive mobility devices.
You could recover other economic damages than those listed here.
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You Can Also Secure Non-Economic Damages Through a DWI Accident Case
Unlike your economic damages, your non-economic damages do not come with documentation. Their values relate to various aspects of your situation, including the severity of your condition, the details of the accident, and your estimated recovery period. Examples of compensable non-economic damages include:
- Pain and suffering: Compensation for the physical pain and discomfort endured because of the accident. This can also cover the ongoing discomfort from injuries sustained.
- Emotional distress: For the psychological impact of the accident, including anxiety, depression, PTSD, and other mental health conditions stemming from the trauma.
- Loss of enjoyment of life: If the injuries prevent you from engaging in hobbies, activities, and daily pleasures you once enjoyed, you can seek damages for this loss.
- Loss of consortium: This covers the negative impact on your relationship with your spouse or partner due to the injuries from the accident, including loss of companionship, affection, and support.
- Disfigurement and scarring: If the accident results in permanent changes to your appearance, you can seek compensation for the psychological and social impact of these injuries.
- Physical impairment: For any long-term or permanent physical limitations or disabilities caused by the accident, affecting your ability to perform daily tasks and activities.
Texas does not cap how much you can seek for non-economic damages after a DWI accident. So, there is no limit to what you can request for these hardships.
Can I Recover Punitive Damages in a DWI Accident Lawsuit?
It depends. Punitive damages are seldom awarded in personal injury cases. However, they are awarded in cases involving egregious negligence or malice. The state limits how much you can be awarded in punitive damages. You can learn more about these restrictions under Texas Civil Practice and Remedies Code, Chapter 41. Or, you could consult a drunk driving accident attorney from Loncar Lyon Jenkins. We offer free consultations where you can explore your options following a drunk driving crash.
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You Have a Limited Time to Seek Damages in a DWI Accident Lawsuit
Texas Civil Practice and Remedies Code § 16.003, otherwise known as the statute of limitations, outlines how long you have to file a lawsuit following a DWI collision. You generally have two years. The same timeframe applies to wrongful death lawsuits if you lost a loved one.
It’s vital that you adhere to this deadline because, if it passes, you could lose the right to seek damages––even if you’re suffering from a life-altering condition. Entrusting your case to a lawyer ensures you meet your case’s filing deadline and preserves your right to fair compensation.
You Can Recover Damages Even if You Contributed to the Collision
Per Texas Civil Practice and Remedies Code § 33.001, as long as you didn’t cause more than 50 percent of the accident, you can compel damages from the negligent party. Keep in mind, however, that any successful allegations of fault will reduce how much you can recover. Consider the following:
- You suffered injuries in a collision.
- An investigation finds that you caused 10 percent of the accident, and the drunk driver caused 90 percent of the crash.
- Your damages total $1 million.
- Because you caused 10 percent of the accident, you can only recoup $900,000.
Having a lawyer comes in handy if the other party attempts to blame you for what happened. Your attorney can combat these allegations using your case’s evidence, such as the police report and accident reconstruction data.
What Is the Average Settlement for a DWI Collision Case?
DWI accidents vary wildly from one to the next. Some result in minor injuries that settle for a few hundred dollars. Other cases settle for millions, especially if the injured person can no longer continue living independently. However, there is no average settlement value across the board for these claims.
How much you can recover depends on:
- The severity of your condition
- Your estimated recovery period
- Any allegations of fault or negligence
- The involved insurance policies
- The cost of your financial damages
As noted, the state does not recover how much you can pursue following a collision with a drunk driver.
A Personal Injury Lawyer Can File Your DWI Accident Lawsuit
First things first: most DWI accident claims never see the inside of a courtroom. That’s because these claims are generally resolved through negotiations. However, if a lawsuit becomes necessary, you can rest assured that our drunk driving accident lawyers will handle every obligation.
Loncar Lyon Jenkins has more than 30 years of experience holding drunk drivers accountable for their actions. We have eight office locations for your convenience in Houston, Dallas, El Paso, Lubbock, McAllen, Wichita Falls, Odessa, and Tyler. If you can’t come to us, don’t worry; we can meet virtually at a time that works best for you.
Call now to connect with our team.