If you were injured in a car accident, you might wonder whether you can get compensation for your damages and 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 you determine if you can seek compensation and what kinds of 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, there are exceptions that 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 fault depends on many factors. However, if you’re pretty sure you’re the one that caused the accident because of your own 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 types of damages you can seek compensation for after a car crash. These are economic and non-economic damages that the at-fault driver may be responsible to pay after their negligence caused an accident. Some of the common ones 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, then you can also ask for compensation to repair these damages or to replace unrepairable items. Often this is your vehicle if you were in a car crash, though it may also be things like your bicycle if a car hit you while you were biking, or even your dashcam if the impact caused it to fall and 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 attached to it. It is physical or mental distress you experience because of a car accident. Because you can’t reverse time and take that away after a crash, 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 your case.
If you were a victim of a car crash, talk to your Houston car accident attorney about your case. They can help you determine which types of damages you may be entitled to and also help you build and fight your case with insurance adjusters or in court if necessary.
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 up front 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 after a car crash. Contact us now for a free, no obligation consultation with a car accident lawyer from our team.