What Car Accident Compensation Is Available in Texas?
by PalmaLaw | March 13th, 2023 | Personal Injury
After a serious car accident injury, you are likely to see the bills begin to pile up. Between medical expenses, lost wages, and car repairs, you may find yourself struggling financially.
Thankfully, the Texas legal system allows victims of car accidents to seek out compensation for the damages they have suffered if the crash happened as the result of another party’s fault.
While most people understand that after an Edinburg car accident, they’ll be able to pursue compensation for economic losses, they may not know that other forms of compensation are available to them.
Learn more about the types of compensation you can obtain after a car accident when an experienced personal injury attorney is fighting for you.
Economic Damages
Any tangible financial losses or expenses caused by the defendant’s negligence will fall under the umbrella of economic damages. Economic damages can include:
- car repairs or replacement
- repair or replacement for other personal properties
- lost wages
- medical bills
- reduced or lost earning ability
- long-term care expenses
Economic damages are generally straightforward to prove as your Edinburg car accident attorney can present documentation for your injury-related expenses. You don’t need to do too much here aside from saving every single receipt, bill, and document related to your injury.
It’s better to save more than you may think you need so that you can secure full compensation for all your losses.
How To Prove What You Are Owed
Some forms of economic losses are easier to calculate, for instance, if you missed two weeks of work, you can secure documentation that proves this. On the other hand, if you have lost earning potential due to a disability caused by the accident, you will likely need the help of an expert to validate your claim and help you determine what you are owed.
If something particularly rare or valuable, such as an antique, was damaged or destroyed during the car accident, you will need the help of an appraiser.
Non-Economic Damages
Non-economic damages are a bit trickier to calculate when you are determining car accident compensation. Still, this form of compensation is essential to claim, especially if you have suffered serious mental or emotional injuries as a result of the accident.
Non-economic or general damages are intended to compensate for a victim’s psychological and emotional losses. While monetary compensation won’t repair these damages, it can help ensure you have the resources needed to seek support.
What follows is a short list of potential non-economic damages, but be sure to ask your attorney about potential forms of compensation you can recover:
- physical pain and suffering
- mental pain or emotional anguish such as trauma
- loss of consortium, companionship, and society due to the injuries to you or a loved one
- disfigurement or physical disabilities you have suffered
- loss of enjoyment of life due to the changes you have experienced
- other factors such as injury to your reputation
How To Prove What You Are Owed
Generally, this is proven with testimony from the victim or survivors. Your car accident attorney will also provide other proof, such as medical bills, documentation of your injuries, and testimonies from loved ones, to support your case.
Depending on your situation, your lawyer may also highlight other aspects of the injury, such as how long your pain will linger, the number of treatments you will need, and how a visible scar will continue to negatively affect your life.
Social changes to your life and how the incident has affected your mental health and quality of life may also be brought to attention.
Punitive Damages
All personal injury lawsuits require you to prove negligence, but in some cases, you can pursue punitive damages. Punitive or exemplary damages are meant to punish the wrongdoing of the defendant.
In some cases, punitive damages may also be used as an example to warn the general public of their duty of care.
In order to receive punitive damages, you must clearly prove that the harm the defendant caused was malicious, grossly negligent, or fraudulent. This goes beyond the typical negligence you need to prove in personal injury cases. Punitive damages will also only be awarded if the decision about liability and compensation is unanimous.
Trust Palma Law To Help You Get the Injury Compensation You Deserve
If you have been in an Edinburg car accident, you will need an experienced car accident attorney to help you get the compensation your case is entitled to.
Palma Law will make sure you can get back on your feet again. Contact us today for a FREE consultation and to learn more about what you can expect with your unique case.