Damages you are Entitled to if you get in a Car Accident


If you have been hurt in a Texas car accident and the wreck was the fault of the other driver, you are entitled to recover money from the other driver's car insurance company. What amount you can receive is governed by the following elements of damages as recognized by Texas law:

  • Past Medical Expenses:
    if you have been injured in an auto accident, then you have likely gone to the hospital or doctor and have incurred medical expenses. Whether you have health insurance or not, you are entitled to recover the costs of these medical expenses as long as they are "reasonable and necessary." Whether an insurance company or a jury awards these expenses to you depends on the relationship of your injuries to your medical treatment and whether there are any substantial gaps in your treatment. For most people who have been hurt in a motor vehicle collision, this is the main component of their recoverable damages. This element of damages pays for all medical bills, including ambulance, emergency room visits, doctors, specialists, surgeons, physical therapists, chiropractors, etc.
  • Future Medical Expenses:
    Car wreck victims can also recover for the medical bills he or she will have to incur in the future that are related to the car accident injuries. However, to be able to recover this type of damage, the accident victim will have to show that there is a "reasonable medical probability" that the medical bills will be incurred. This requirement means you will need a doctor to estimate the amount of the bills and the need for these expenses.
  • Pain and Suffering and Mental Anguish:
    This is a very important component of damages for all parties who have been hurt in a motor vehicle accident. There is a large amount of physical pain that come from injuries. This is shown by the treatment and the need for pain medication. There is also a large amount of mental anguish which accident victims go through, as they struggle to pay their bills while they are recuperating from their injuries. Many people cannot care for their children or even take care of their house. The examples are endless of how a car wreck can affect someone's life.
  • Past Lost Wages:
    if the car wreck has caused you to miss work, then the amount of wages or salary you have missed out on is recoverable. You will need to document this loss of wages through both a doctor's excuse as well as a written documentation from your employer. Even if you used sick leave time or personal/vacation time, you can still recover for that amount as you have indeed lost the benefits which you would not have lost absent the MVA.
  • Future Lost Wages (Loss of Earnings Capacity):
    if the car accident injuries are severe enough to cause you to miss work in the future, then you can recover for all of the future lost wages. To do so, you will need medical documentation that you will not be able to work (or will not be able to do your previous job) in the future.
  • Disfigurement:
    if the car wreck has caused any kind of scarring or other forms of disfigurement to your body, then this element of damages is recoverable. The more noticeable the scar, the more value it has to the insurance company. And scars on women are worth more than scars on men. Lots of times in car accident cases, there are scars caused by the broken glass or by other parts of the car which your body comes into contact with in a car wreck.
  • Impairment:
    if the auto collision has resulted in a physical impairment which affects your life, then you can recover for this impairment.
  • Loss Of Consortium:
    if the automobile wreck has affected the ability to participate in marital relations, then the law allows you to recover for your loss.

The Anderson Law Firm offers free consultations to those who have been hurt in a car wreck. This can be done on the phone or in person. To find out about your legal options, call us in Dallas at 214-327-800, in Fort Worth at 817-294-1900 or across Texas toll free at 1-877-294-1115.


Bookmark and Share

Contact Mark Privately

Name:

Phone:

Email:

Tell us more:



1310 W. El Paso Street
Fort Worth, Texas 76102
Phone: 817-294-1900
Toll Free: 877-294-1115

Get Directions


3102 Maple Ave, Suite 400
Dallas, Texas 75201
Phone: 214-327-8000
Toll Free: 877-294-1115

Get Directions

Receive Our
Free Newsletter

ALF Giving Back:
Keeping Our Roads Safe

TADD Ride Safe Ride Sober

Connect With Us

Video Library

Car Accidents:

Watch All

FAQs

Car Accidents

View All

News

View All