Most of the time, a victim car accident in Houston leads to medical problems, loss of income, damage to the car, and emotional pressure. In Texas, law lets the injured to sue for damages where the negligent party was the cause of the accident. Getting to know the various types of damages you can claim will be a big help in being rights protected and not being forced to accept a lesser amount than what you are entitled to. With a Houston Car Accident Lawyer, he would guide you on what you are entitled to and how it would help you.
The compensation that a person gets from a Houston car accident claim is typically divided into two primary types: economic damages and non-economic damages. Occasionally, punitive damages can be awarded as well.
Economic damages are considered to be the measurable financial losses that an accident has caused, nothing more and nothing less. Medical expenses are usually the most significant part of these damages. What is included in this are emergency and outpatient visits, hospital stays, surgeries, physical therapy, prescription medications, and any future medical treatment related to the injuries. Moreover, in case of needing ongoing care, for instance, rehabilitation or long-term treatment, that will be covered too if your injuries necessitate it.
Another kind of economic compensation is lost wages. In case your injuries do not let you work, it is possible for you to have the income that you lost while recuperating during the recovery period returned to you. The same goes for those who have had to work fewer hours or take lower-paying jobs because of their injuries. In very severe cases, individuals may be reimbursed for loss of future earning capacity if their work skills have been irreversibly compromised.
The compensation for property damage is meant to pay back the owner for the expenses incurred for the repair or replacement of his/her car along with any personal belongings that got damaged during the accident. These may also consist of costs for towing, renting a car, and the worth of stuff that was in the car when the accident happened.
Non-economic damages provide compensation for losses which are hard to value but are equally impactful. The term pain and suffering is used to describe the physical pain and discomfort that the accident and subsequent injuries have caused. These damages take into account that injuries can have a large impact on your daily life, which goes beyond just the cost of medical treatment.
One more way to get compensated through non-economical means is emotional distress. A lot of car accident victims suffer from anxiety, depression, insomnia, or even PTSD after a major accident. Under Texas law, the psychological impacts a person had inflicted on him or her by the accident are compensated, mainly in the situations where the injuries are severe or a person's life is unexpectedly changed due to the injuries.
Injuries that have a huge impact on a person's life may lead to loss of enjoyment of life being recoverable too. Such activities may include one's favorite hobbies, exercises, traveling, or just even daily routines. Moreover, loss of consortium damages may be awarded to partners in cases where an injury has a negative influence on companionship, love or marital relations.
It should be pointed out first that Texas implements a modified comparative fault rule. Your compensation can be cut down according to your share of fault if you are held partly responsible for the accident. In case your liability exceeds 50 percent, you may not be compensated at all for the damages suffered. Such cases are often seen by insurance companies as a way to push for the lowest possible payout, which in turn makes having a lawyer a necessity.
