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What Can I Get Paid for a Car Accident That Was Not My Fault?

The best way to understand what you can get paid for a car accident that was not your fault is to consult a personal injury lawyer. Every car accident is unique, and every injured party will have recoverable damages. Even two people riding in the same car and injured in the same accident could have different compensatory losses. 

When a lawyer represents you, they can thoroughly and accurately assess your case and assign the correct monetary value to your compensation request. Your lawyer can also navigate the negotiation phase of your case a fight hard for the best possible outcome for you.

Economic and Non-Economic Damages You Can Get Paid for After a Car Accident

When your car accident lawyer builds your case, they thoroughly assess your recoverable damages. The economic damages they demand are tangible and can be readily documented. They include:

  • Past and future medical bills
  • Past and future income loss
  • Loss of future earning capacity
  • Treatment-related travel costs
  • Assistive medical devices
  • Property damage or total loss
  • Diminished property value

Your lawyer will also assess the monetary value of your non-economic damages. These are intangible losses, but tangible evidence your lawyer collects for you can support these losses. Non-economic damages you could receive payment for after an accident include:

  • Physical disability
  • Disfiguring injuries
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of enjoyment of life

If applicable, your lawyer can request wrongful death damages for your family after losing a loved one in a car accident that was not their fault. These damages can include funeral and burial expenses, loss of your loved one’s financial and familial contributions, and loss of consortium, companionship, and support.

Evidence That Proves Your Compensation Request’s Value

The at-fault driver’s insurance company will require you to prove the value of your compensation request before making a payout on behalf of its policyholder. Evidence your lawyer will collect and submit on your behalf can include:

  • Paycheck stubs, tax records, and other proof of income
  • Medical bills and a written prognosis that document ongoing medical care
  • Photos that detail the extent of your injuries and pain and suffering
  • Estimates for repairing or replacing your damaged or destroyed car

An attorney will also collect evidence that proves your right to compensation, such as your:

  • Medical records
  • Car accident report
  • Accident scene photos and reconstruction
  • Statements from lay and expert witnesses

Filing Your Lawsuit Too Late Could Prevent You From Getting Paid 

While they will negotiate with the at-fault driver and their insurance company on your behalf, your lawyer can file your personal injury or wrongful death lawsuit. The state imposes a statute of limitations (filing deadline) on your right to file. If it expires:

  • The courts will not allow you to file your lawsuit.
  • The courts will dismiss your lawsuit without hearing its merits.

If either happens, you will lose the legal ability to compel compensation. The statute of limitations can be complex, but an attorney can handle this area for you. 

Factors That Affect the Personal Injury Statute of Limitations

Complying with the statute of limitations can be challenging because the filing deadline in your state can change based on:

  • The accident’s outcome
  • The age of the injured party
  • The at-fault driver’s actions 

Your lawyer will use your police report to determine the correct filing deadline, taking the circumstances of your case into account. 

How Will I Get Paid After a Car Accident, and How Long Will It Take?

Once your case settles, the agreement is final. The at-fault driver’s insurance company will remit payment to your attorney (your state will determine how much time they have to do so). Your lawyer will deduct their fees and expenses and remit the remainder to you. 

No one can tell you exactly when you will be paid or how long your case will take to resolve. The accident date will inform the statute of limitations, but your case can be settled before or after that date. A lawyer familiar with state and local law will explain the general timeline. For example, Texas Civil Practice & Remedies Code § 16.003 explains that personal injury victims have no more than two years from the date of the accident.

If your case is resolved in court rather than by a settlement—this rarely happens—it can take longer. You will not receive compensation until after a judge or jury decides your case in your favor.

How Will I Pay My Car Accident Lawyer?

You do not have to deal with the challenging legal aspects of your case without having a lawyer to represent you. Do not let concern over the cost of hiring a lawyer prevent you from speaking to one about your compensation case. In most cases, a personal injury lawyer will represent you on a contingency fee basis, which means:

  • They will review your case at no cost. 
  • You will pay nothing out of your pocket.
  • Your legal team will cover all upfront costs.
  • Your lawyer receives compensation only when you do.

You will not be saddled with legal costs if your car accident case does not result in a financial award. In fact, you will not owe any legal or attorney fees, as we follow a contingency fee structure for personal injury cases. That makes hiring an attorney risk-free while sending the message that you take your case and your right to compensation seriously.

Get the Strong Arm on Your Side After a Car Accident That Wasn’t Your Fault

A car accident can have immediate and long-term financial repercussions. When your injuries prevent you from working and medical bills start to stack up, our law firm can help. We will explain how we build your case and what you can get paid for after a car accident that was not your fault.

Put Loncar Lyon Jenkins to work for you today by contacting our consultation team for a free review of your car accident case. Call today.

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Author

Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More

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