Damages are calculated in a Texas car accident lawsuit using evidence of your medical expenses, lost income, vehicle damage, and other losses. There are also methods to calculate your non-economic damages, like pain and suffering. Compensation after a car accident can vary greatly from one injured party to another. Even two people injured in the same accident while riding in the same car could have varying damages.
On your own, it can be easy to overlook or misunderstand the range of compensation you are entitled to receive. You may want to consider hiring a local car accident lawyer who can accurately calculate your damages. Your lawyer can also help you avoid bad-faith insurance tactics and speedy compensation offers that might lead to a lower settlement than you deserve.
Calculating Economic Damages After a Car Accident in Texas
Texas Civil Practice and Remedies Code § 41.001 allows you to recover compensation from the person whose negligence caused your accident and injuries. A personal injury lawyer will carefully calculate your damages and fight for fair compensation for you.
Your attorney can calculate the value of the following economic damages:
Past and Future Medical Bills
To calculate your recoverable medical bills, your lawyer assesses your emergency room fees and hospital stays. They also collect receipts for assistive medical devices, prescription and over-the-counter medications, and in-home medical assistance.
Treatment-Related Travel Expenses
Medical care after a car accident can last for weeks or months — sometimes, longer. If you are represented by a lawyer, they can help you recover rideshare, ambulance, and other transportation costs. If you have any receipts for gas, parking passes, taxis, public transportation, or rideshare trips, your lawyer can use these to calculate your travel costs.
Past and Future Loss of Income
Income losses include full and part-time income, loss of future earning capacity, business losses, and freelance, consultancy, or gig economy income. Your lawyer will use paycheck stubs and direct deposit receipts to determine how much income you lost.
Property Damage or Destruction
Your lawyer will collect estimates for restoring your damaged car to its pre-accident condition. They may also speak to expert witnesses who can assess its diminished value after repairs are made.
Calculating Non-Economic Damages After Your Car Crash in Texas
Non-economic damages can be difficult to assess on your own because they are intangible and will not have the receipts, estimates, and bills that typically accompany economic damages. Your lawyer will explain how they are calculated and the documents that support their monetary value.
Physical Disability or Disfigurement
The at-fault party could be required to compensate you for injuries that leave you with short-term, long-term, and permanent disabilities or injuries that are physically disfiguring. Your lawyer can use your medical and rehab bills to define these costs.
Pain and Suffering
Damages you can recover for pain and suffering are intended to compensate you for the physical pain and discomfort you endure from your injuries and throughout your physical recovery. Your medical records, written prognosis, and statements from your doctor can be used to help your lawyer assign a monetary value to your pain and suffering.
Mental and Emotional Anguish
A car accident is a traumatic event that can leave you with post-traumatic stress disorder and other psychological problems. Your lawyer will explain the documents and evidence that prove the costs of any psychological care you require.
Wrongful Death Compensation After a Car Accident Fatality
If a family member was fatally injured in a car accident, you could be entitled to compensation via a wrongful death insurance claim or lawsuit. Your family could recover the following damages:
- Funeral and burial expenses
- Loss of your loved one’s income
- Loss of their household support
- Loss of companionship and guidance
- Loss of consortium and support
Your attorney can use receipts, bills, and paystubs to help calculate the cost of these damages.
The Benefits of Hiring a Personal Injury Lawyer To Represent You
Car accident cases can be more complicated than you might think. A personal injury lawyer can help you recover damages after any car accident. You should also consider hiring a lawyer for particularly complex cases, including multi-vehicle accidents and hit-and-run accidents.
Your lawyer can:
- Obtain your police report and medical records
- Calculate your recoverable damages
- Identify the at-fault party or parties
- Canvass for photos and video footage
- Speak with interested parties on your behalf
- Clarify complex legal and insurance language
- Answer your legal questions and concerns
Your lawyer will keep you updated on any progress or developments in your case. They will also negotiate a fair settlement or take your case to court if one cannot be reached.
Texas’ Statute of Limitations on Car Accident Cases
Like every civil lawsuit, yours has to comply with the statute of limitations. A key benefit of hiring a local attorney to represent you is their ability to accurately interpret the filing deadline. According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file your personal injury or wrongful death lawsuit.
The filing deadline is mandatory but can fluctuate based on a number of factors. A lawyer can explain how the statute of limitations affects your case. They can also explain any circumstances that may pause or toll the statute and help you avoid the potentially costly consequences of filing your lawsuit too late.
Call Loncar Lyon Jenkins for Your Free Consultation Now
If you or someone you love suffered injuries in a recent car accident in Texas, you may know you are entitled to compensation. At Loncar Lyon Jenkins, our car accident lawyer will explain how your recoverable damages are calculated.
Learn more about how Texas personal injury law affects your case and how hard our legal team fights for you. Contact one of our team members for your free case review today.
