You might wonder whether you can seek damages after an auto accident that caused you injuries. Of course, every case is different, so it helps to talk to your car accident lawyer about the particulars of your accident. However, we have some general information to help determine if you can seek compensation (called damages in the legal world) you may be entitled to.
“Do I Have a Case?” Talk to Your Car Accident Lawyer!
So, do you have a case? As we mentioned, it depends on many unique factors. However, there are some questions your car accident lawyer may ask to help determine if you can seek compensation against the at-fault driver. Some of these questions include:
- When was the accident? In Texas, there is typically a statute of limitations of two years on filing a lawsuit for a car accident. This means for most cases if it’s been more than two years since the crash, you likely can’t seek compensation from the at-fault party. Of course, some exceptions make this timeline longer or shorter, so discuss the particulars with an experienced personal injury lawyer.
- Who was at fault? This question may be tricky to answer, as liability depends on many factors. However, if you’re pretty sure you’re the one who caused the accident due to personal negligence, then you likely can’t receive compensation. This is because Texas uses modified comparative fault laws, which means if someone is more than 51% at fault for the accident, they can’t recover damages. Now, if you share some fault but less than 51%, you still may be able to get compensation for your case. Your lawyer can offer advice on this front based on the specifics of your case.
- Did you have losses of some kind? Remember, almost doesn’t count when it comes to personal injury cases. So, even if your car could have been damaged or your arm was almost broken by the accident, these aren’t grounds for compensation. For a car accident case, you must show you had losses of some kind, such as property damage and injuries.
Types of Damages You May Be Able to Collect from a Car Accident Case
If you fit the criteria, there may be several different situations where you can seek damages after an accident. These are economic and non-economic damages that the at-fault driver may be responsible for paying after their negligence caused an accident. Common examples include:
- Medical Expenses: If you were injured in a car accident, you might have medical expenses for those injuries, such as ambulance fees and doctor’s bills. In some cases, you might also have future medical costs, such as if it’s likely you will need surgery in the future for your accident-related injury. You can seek compensation for these costs related to your injury from the car crash.
- Vehicle/Property Repairs: If you have property damage from the accident, you can ask for compensation to repair these damages or to replace unrepairable items. Often, it’s your vehicle if it was a car crash, though it may also be things like your bicycle if a car hit you while biking or even your dashcam if the impact caused it to break.
- Pain and Suffering: Pain and suffering is a non-economic damage, which means you likely won’t have a bill or a monetary cost applied. It is physical or mental distress you experience due to an accident. Because you can’t reverse time and take that away, the law allows you to seek compensation for this type of suffering related to the accident. Your car accident lawyer can help you calculate these non-economic damages for you.
If you were injured in a car crash, talk to your Houston car accident attorney about your case. They will calculate your damages and help build your case to present to insurance adjusters or in court.
Maida Law Firm – Your Houston Car Accident Attorney
Our team at Maida Law Firm offers experienced legal services for injured victims after a car accident. There are no upfront fees, and if we don’t help you win your case, you owe us nothing. We are here to represent you and help you as you seek compensation for damages after an accident. Contact us now for a free, no-obligation consultation with a car accident lawyer from our team.