What Damages Are Available in Car Accident Cases?

No driver wants to be involved in a car accident, but sometimes, this cannot be avoided. Depending on the accident’s severity, this can result in extensive property damage and physical injuries. If you were not the driver at fault, you may be entitled to receive damages to help you recover from the accident.

At DeHoyos Accident Attorneys, we have handled hundreds of car accident cases and understand the legal complexities of getting the compensation you deserve. Our goal is to provide you with the guidance and information you need to proceed after a car accident in Texas.

Keep reading to figure out what kind of damages you could receive after a car accident and how to best strengthen your case.

Economic Damages

The main type of damages available for victims of auto accidents is economic damages. This is meant to reimburse victims in a way that is measured in monetary terms. Examples of economic damages include:

• Medical expenses: Depending on the severity of the car accident, you may have extensive injuries to take care of. This can result in things like emergency room bills, doctor visits, physical therapy, surgery, or medication. Economic damages are meant to help you cover past and future medical expenses in relation to injuries from the car accident.
• Property damage: After a car accident, chances are you will have some damage to your vehicle. Economic damages can help you repair your vehicle or get a new one, as well as repair or replace any items in your vehicle that were also damaged.
• Lost wages and earning capacity: If you were injured in a car accident, you will most likely have to take time off work. Economic damages can help to reimburse you for lost wages and vacation days. It can also help if you have reduced earning capacity due to your injuries having chronic repercussions or resulting in a disability.

Non-Economic Damages

In Houston, Texas, victims of auto accidents also have access to non-economic damages. Unfortunately, this is significantly harder to get than economic damages since it isn’t something that can necessarily be measured by a dollar amount. This is because non-economic damages include things like:

• Pain and suffering
• Disfigurement
• Loss of consortium
• Loss of companionship
• Amputation
• Mental anguish

An example of a situation where you may be entitled to non-economic damages is if your significant other was killed or paralyzed in a car accident. In this situation, you could qualify for loss of consortium or loss of companionship damages.

Another example of non-economic damages is if you have severe anxiety, depression, or other mental health issues as a result of the accident. This would result in a loss of enjoyment of life as well as mental anguish.

Punitive Damages

Out of the three types of damages you could receive for a vehicle accident in Texas, punitive damages are significantly less common. Instead of being meant for the victim, punitive damages are used more often to punish negligent or bad behavior from the other driver. Punitive damages punish the at-fault driver and award the victim additional damages that they can use as they please.

To qualify for punitive damages, you have to sustain some kind of actual damages as a result of the car accident. Your car accident attorney will then need to prove that the at-fault driver’s behavior was grossly negligent.

It’s worth noting that there is no cap on damages in the state of Texas except in some cases involving punitive damages.

What Impacts Damages?

Even if it is clear that you qualify for damages after a car accident, the exact amount of damages has to be calculated. How much this ultimately comes to will depend on several different factors:

• Shared fault: In the state of Texas, who is at fault will have a huge impact on how much your damages are. For instance, both parties may have a shared fault, so the person who has the least amount of fault will get the most damages.
• Injuries: Any type of injury could result in you getting compensation, but the severity does have an impact on the dollar amount. For example, an amputation will result in more significant damages than a simple case of whiplash.
• Future damages: You may be able to get more damages if you can prove that you will have future expenses. This is in relation to personal injuries where you may need continual medical care like physical therapy or medication.

How to Strengthen Your Car Accident Case

To set yourself up for success after a car accident, you will need to take certain steps to strengthen your case. Doing this ensures you will get the compensation you deserve so that you can recover after this accident.

The best way to strengthen your car accident case is to document as much evidence as possible. This includes taking photos of the scene of the accident, property damage, and personal injuries. You should also get the contact information of any witnesses so that your lawyer can get witness statements.

Speaking of legal representation, this is a crucial step you need to take towards creating a successful car accident case. A personal injury attorney can represent you and do all of the legwork when it comes to documenting evidence and negotiating settlement amounts.

An attorney can also represent you in court if you are not happy with the settlement amount the insurance company produces. They can guide you through the legal process to ensure you take the correct steps to get the best possible outcome.

Hire Seasoned Car Accident Attorneys at DeHoyos Accident Attorneys

At DeHoyos Accident Attorneys, our experienced car accident lawyers have handled hundreds of car accident cases across Texas. We understand how complex each case is and can provide legal assistance that will help this process move smoothly. Our auto accident attorneys will negotiate settlement amounts, provide evidence, and represent you in court if needed.

Been in a car accident? Call our Houston office today at (832)-745-4876 for legal assistance from one of our attorneys.