If you have suffered a shoulder injury in a collision, you may be wondering how you can make the liable party pay for their recklessness. Typically, these cases resolve outside of court through an insurance settlement. However, damages from a shoulder injury after a car accident could be considered severe enough to warrant a court case.
When your shoulder injuries have had a significant impact on your life, it may be difficult to build a case and decide the best path for seeking compensation on your own. Instead, you can reach out to a car accident lawyer in Texas to bring the culpable party to justice. Our team can explain what to expect from the process and how to get the most out of your claim—which may involve going to trial.
What Determines Your Right to Compensation After a Car Accident?
There are several key factors that determine whether you have the right to compensation after a car accident. These include:
- Someone owing you a duty of care, such as another driver’s duty to drive safely and follow traffic laws
- A breach in this duty of care, such as another driver running a red light
- A connection between another party’s actions and your collision
- Proof of injuries and other damages you suffered because of the accident
Note that the type of injury you are diagnosed with does not determine whether you have the right to compensation. If your shoulder injury has prevented you from continuing to work, caring for yourself or your family, or continuing to participate in activities that you once found joy in, you have the right to hold the liable party accountable and seek financial recovery accordingly.
If you’re still unsure about seeking compensation for your shoulder injury after a car accident, you can discuss your case and legal options with our team for free.
For a free legal consultation, call 877-239-4878
When You May Need to Go to Court
After a car accident, you may wonder if your damages are considered worthy of a court case. Many injury victims have the impression that their injuries must be life-threatening or catastrophic to go to trial, but this is not always the case.
If Your Damages Exceed the Liable Party’s Insurance Policy
When your shoulder injuries have cost you financially, physically, and emotionally, you have the right to fair compensation for your suffering. However, an insurance settlement may not adequately meet your needs, even for a shoulder injury.
Insurance companies are only upheld to the limits of a policyholder’s coverage. If your damages exceed these limits, the only way to recoup your losses may be by filing a civil lawsuit against the liable party.
If the Insurance Company Denies Your Car Accident Claim
If the insurer denies or undervalues your claim, a court case may be necessary. You have a limited time to file a personal injury lawsuit in Texas, so the court may eventually be your only option if negotiations stall.
Our attorneys will weigh your options and prepare for the possibility of settling out of court and going to trial. We may try both paths to ensure you receive the best possible outcome.
What Damages Should You Seek to Recover in Your Shoulder Injury Claim?
If you hope to get the most out of your claim or lawsuit, you need to consider the ways your life has been affected and will be affected by your shoulder injury in the future.
With that in mind, some of the economic and non-economic damages you could seek compensation for in your shoulder injury case include:
- Costs of medical equipment
- Diagnostic imaging fees
- Costs of prescription medications
- Hospital bills
- Physical therapy fees
- Occupational therapy costs
- Loss of potential future earnings
- Loss of income
- Physical pain and suffering
- Emotional distress
- Loss of companionship and love
- Loss of enjoyment of life
- Property damages
- Disfigurement and skin scarring
We will identify each damage in your case and calculate or assign its value before proceeding.
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Statute of Limitations for Car Accidents in Texas
If you are going to move forward with a court case against the party responsible for your shoulder injury, you need to take action quickly.
Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for car accident lawsuits in Texas is just two years. If you do not file before the two-year statute of limitations expires, you will no longer have the right to seek compensation for your shoulder injury or any other damages through the Texas court system.
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Contact a Texas Car Accident Attorney for Help
Get help making the liable party pay for their negligence when you hire a Texas car accident lawyer from Loncar Lyon Jenkins.
We can start working on your case as soon as today when you call for a no-cost, risk-free consultation. Call our office now to go over your damages and explore your options for seeking financial recovery.