Overview of Damages in Car Accident Claims
In the context of a car accident claim, the term “damages” refers to monetary awards or remedies that an injured party (claimant) demands after the accident. The goal of awarding damages is to help the claimant return to the financial position they were in before the accident.
Damages can cover various accident-related losses, including medical expenses, income losses, and property damage costs. Courts assess the specifics of each car accident claim to determine appropriate damages awards based on the harm the claimant suffered.
Types of Damages
Damages in Texas car accident claims fall into two main categories: compensatory damages and punitive or exemplary damages. Compensatory damages are further subdivided into two fundamental types: special or economic damages and general or non-economic damages.
Compensatory damages cover the personal and financial harm the claimant suffered due to the car accident. These damages seek to make the injured party financially whole again by addressing their actual losses. There are two main types of compensatory damages:
- Special or economic damages cover specific, measurable financial losses. This includes medical bills, property damage costs, income losses, and other out-of-pocket expenses. These damages address tangible losses that are relatively easy to calculate.
- General or non-economic damages address non-financial harm, such as pain and suffering, emotional distress, or loss of enjoyment of life. These damages are more difficult to quantify because they address the emotional and mental toll of the accident, which are subjective and vary considerably from person to person.
Punitive or exemplary damages differ from compensatory damages in that they aim to punish the defendant for particularly harmful behavior rather than to compensate the claimant. In Texas, a person can only receive punitive damages if they prove that the defendant acted with fraud, malice, or gross negligence. The claimant must present clear and convincing evidence of this behavior to claim punitive damages.
Texas law also usually limits, or caps, punitive damages at the greater of either:
- Two times the value of economic damages, up to $750,000
- $200,000
These caps exist to prevent excessive awards that unfairly punish defendants. However, exceptions to these limits apply in cases involving certain types of criminal behavior, such as murder, aggravated assault, or intoxication manslaughter.
Personal Injury Damages
In car accident cases, personal injury damages can cover various personal and financial losses, from medical expenses to emotional distress. Each type of damage addresses a specific area of harm and seeks to ensure the claimant gets fair compensation for what they’ve lost.
Medical Expenses
One of the most common types of personal injury damages is compensation for medical expenses. After a car accident injury, you will likely face a wide range of medical costs. This can include immediate expenses such as emergency room visits, medications, and surgeries.
Crash injuries often require ongoing care, so damages can also cover future medical costs. Future expenses frequently include the costs of physical therapy, rehabilitation, and continued treatments you need to recover. Your damages for medical expenses should cover both past and future costs to ensure you can access the necessary care.
Lost Income and Future Earnings
Injuries from a car accident can significantly impact your ability to work. Personal injury damages can include compensation for lost income if your injuries prevent you from returning to work temporarily or permanently. If you miss time from work while recovering, you can seek damages for the wages you would have earned during that time.
An injury might also affect your future earning capacity in more severe cases. If your injuries prevent you from performing your usual work or reduce your earning ability, you could be entitled to damages that account for this projected future loss. These damages aim to bridge the financial gap resulting from your reduced ability to work or earn money over the long term.
Pain and Suffering
Personal injury damages also cover non-economic harms, including pain and suffering. After a severe car accident, many people experience considerable physical pain and emotional distress. Pain and suffering damages account for this mental anguish, emotional trauma, and physical pain resulting from the accident.
Unlike economic damages, pain and suffering damages are more challenging to quantify, but they play a crucial role in providing compensation for the non-tangible effects of your injuries. Courts consider the severity of your injuries, the length of your recovery, and the long-term impacts of your pain when determining appropriate pain and suffering damages amounts.
Disfigurement and Loss of Enjoyment of Life
In some cases, injuries from a car accident result in permanent disfigurement or scarring. Disfigurement damages aim to compensate you for physical changes that affect your appearance and self-esteem. Scarring or disfigurement can have lasting emotional and social impacts, and disfigurement damages account for that harm.
Additionally, many people who suffer severe crash injuries experience significant losses in enjoyment of life. This refers to the loss of the ability to engage in activities that once brought you joy or fulfillment. For example, you could be entitled to these damages if you previously enjoyed sports or hobbies but can no longer participate in them due to your injuries. Loss of enjoyment of life damages aim to compensate you for the diminished quality of life that results from the accident and your related injuries.
Property Damage Claims
Property damage claims in car accident cases allow you to seek compensation for the costs of moving, repairing, or replacing your vehicle and other property damaged in the accident. In most cases, you file property damage claims through the at-fault driver’s insurance company, but you can also file through your own insurance if you have the appropriate coverage.
Repair or Total Loss
If your vehicle sustains damage in a car accident, the insurance company will assess whether it is possible to repair the vehicle or if it is a total loss (totaled). A total loss means that the cost to repair the vehicle exceeds its fair market value (FMV) or that it is beyond repair.
If your car is repairable, your property damage claim should cover the cost of the repairs necessary to restore the vehicle to its previous condition. However, if the insurance company declares your vehicle a total loss, you could claim compensation based on the vehicle’s FMV. A vehicle’s FMV reflects its value at the time of the accident, not its original purchase price or the cost of replacing it.
Rental Vehicle and Towing Expenses
In addition to covering the damage to your vehicle, many insurance policies also provide compensation for rental vehicle costs and towing expenses. If your car is undrivable after an accident, you might need to rent a vehicle while yours is undergoing repairs or until you receive compensation for a total loss. Some insurance policies cover these rental vehicle costs as part of the property damage claim.
You might also be entitled to compensation for the costs of towing your damaged vehicle from the accident scene or to a repair shop. This type of compensation helps you avoid out-of-pocket expenses while waiting for your property damage claim to resolve.
Additional Considerations in Car Accident Claims
Understanding the legal process and your rights after a Texas car accident can make a significant difference in the outcome of your claim. Here’s what you need to know about the steps you should take after the accident and how partial fault could affect your injury case.
Steps to Take After a Car Accident
After a car accident, it’s best to take specific steps to protect yourself, your rights, and your ability to file a claim. Taking the following steps is an excellent way to ensure your safety, document the accident, and make the process of seeking compensation smoother:
- Check for injuries and seek medical attention. Your first priority after an accident should be to check yourself and others involved for injuries. Even if you think your injuries are minor, seek medical attention as soon as possible. Some injuries do not show symptoms immediately but can worsen without proper treatment. Getting prompt medical care protects your health and creates a record of your injuries, which will be essential if you need to file a personal injury claim.
- Document the scene. While you’re still at the accident scene, take photos and videos of the area, the damage to all vehicles involved, and any visible injuries. Document road conditions, weather, and any relevant details that might have contributed to the accident. Photos provide valuable evidence that can indicate the initial severity of the damage and clarify what happened during the accident.
- Get contact information from witnesses. Gather names and contact information from any witnesses at the scene. Eyewitnesses can provide valuable testimony if there are disputes about what happened during the accident. Ask for their phone numbers and email addresses and, if possible, a brief account of what they saw. This can support your version of events when filing a claim or pursuing legal action.
- Consult attorney Scott Scherr as soon as possible. Scott Scherr and the team at The Payne Law Group can review your situation, advise you on your next steps, and help you avoid making costly mistakes when dealing with insurance companies. They can also explain the types of damages you could claim and handle communication with the other party’s insurance, presenting your claim persuasively and demanding the compensation you deserve.
- Follow your doctor’s treatment plan. If you receive medical treatment after the accident, follow your doctor’s advice carefully. Attend all follow-up appointments, take prescribed medications, and complete any recommended physical therapy. If you fail to follow your treatment plan, the other party could use this fact to argue that your injuries are not as severe as you claim. This could affect your ability to recover damages.
- Notify your insurance company. Once your condition is stable and you collect the necessary information from the scene, contact your insurance company to report the accident. When you do so, stick to the facts and avoid giving detailed statements about fault or the extent of your injuries. You should also avoid accepting any settlement offers or making official statements until you speak with a lawyer.
- Keep a detailed record of your expenses. Keep track of all expenses and financial losses you incur due to the accident, including medical bills, income losses, rental car costs, and out-of-pocket expenses. Save all receipts and invoices as proof of these costs. Keeping a clear record will allow you to calculate your damages accurately and seek appropriate compensation from the responsible party or their insurance.
- Avoid discussing the accident on social media. Avoid sharing details about the incident on social media platforms. Insurance companies or opposing parties will likely monitor your social media accounts for information they can use against you. Even casual posts can be taken out of context and used to weaken your claim. It’s best to keep the details private until you fully resolve your case.
Comparative Fault and How It Affects Compensation
Texas follows a modified comparative fault rule in car accident cases. This means that if more than one party is responsible for the accident, each party’s level of fault will affect the compensation they can recover. Under this rule, you can still recover damages even if you were partially at fault for the accident, but your compensation will decrease based on your percentage of fault. For example, let’s say the court found you 20 percent at fault for an accident that left you with $100,000 in losses. In that case, the most you could receive for your claim would be $80,000 after deducting 20 percent from the $100,000 you claim in damages.
However, Texas law also follows a “51 percent bar” rule. This means that if a court finds you 51 percent or more at fault for the accident, you cannot recover any damages. This rule emphasizes the importance of proving the other party’s fault and minimizing your own level of responsibility in the accident. An attorney can gather evidence and build a case that shows the other driver was primarily at fault to maximize your chances of receiving fair compensation.
Why You Need an Attorney
Having an experienced attorney like Scott Scherr on your side after a Texas car crash can make all the difference in your recovery. Car accident claims can be complex, and the legal process often involves insurance company negotiations and, in some cases, lawsuits. Attorney Scott Scherr can protect your rights, demand fair compensation on your behalf, and take the pressure off you at every stage of the claims process and beyond.
Navigating Insurance Negotiations
Insurance companies often aim to reduce the amount they pay out in car accident claims. They might attempt to do so by offering low settlements, delaying the claims process, or minimizing the extent of your injuries and related losses.
Attorney Scott Scherr understands these tactics and can push back on lowball offers. Scott Scherr and his entire team will negotiate on your behalf, using evidence and their legal knowledge to demand that the insurance company takes your claim seriously. Having a lawyer handle these discussions substantially increases your chances of receiving a settlement that fully covers your losses, including medical expenses, lost wages, and pain and suffering.
Filing Lawsuits and Meeting Deadlines
In some cases, insurance negotiations don’t result in a fair settlement. If this happens, taking your case to court might be necessary. Filing a lawsuit can be an effective way to pursue the compensation you deserve, but the process is complex and time-sensitive.
In Texas, you have two years after a car accident to file a lawsuit against a liable party. Missing this deadline could prevent you from recovering any compensation for your losses, regardless of the strength of your case. An attorney can identify and meet this deadline on your behalf and prepare the legal documents necessary to file your lawsuit. If your case ultimately goes to trial, your attorney will represent you in court and fight for your right to full compensation.
Contact Texas Car Accident Attorney Scott Scherr Now
If you’ve been in a Texas car accident and need help understanding your legal options, Scott Scherr at The Payne Law Group is here for you. Attorney Scott Scherr is ready to discuss your case and seek the compensation you deserve. Contact attorney Scott Scherr today to arrange your initial consultation session and take the first step toward recovering what you’ve lost.
