2018 Guide to Car Accident Injury Lawsuits
Being injured in a car accident can throw a wrench into many of your plans and daily tasks. If you or a loved one was involved in a car crash and suffered serious injuries, you may need time to recover. This means taking time off work, facing expensive medical bills, and dealing with severe pain and suffering. While insurance may be able to pay for some of these damages, the best way to get fully compensated may be to take your case to court. The following information may help you decide what to do with your personal injury case. If you were injured in the Dallas-Arlington-Fort Worth area, or near Houston, contact an Arlington TX car accident lawyer at The Queenan Law Firm, P.C., today for a free consultation on your car accident case.
Reasons to Sue for a Car Accident
If you were injured in a car crash in Texas, you generally have the right to take your case to court. While some “no-fault” insurance states force you to file with your own car insurance before considering taking your case to court, Texas law always allows you to try to sue for injuries. Insurance may be available to cover some injuries or cover more minor injuries, but the way to get the most compensation for all the financial and physical harms you face is to take your case to court.
Especially for severe injuries, filing a lawsuit may be your best chance at recovery. Traumatic brain injury (TBI) or severe spinal cord injuries may be life-threatening and life-changing events. Insurance may be willing to pay for your medical bills, but may not fully recognize the pain and suffering you go through or the way that these injuries change your lifestyle. However, the courts are willing to recognize those damages and compensate you for them, as well.
You may also need to file your case with the courts if insurance companies are dragging their heels or trying to avoid making payments. Insurance companies may deny coverage or try to place the blame on you, but taking your case to court may be the best way to set the record straight with evidence and testimony that proves the other driver was at fault.
Car Accident Damages in Texas
As mentioned, car accident lawsuits are capable of covering broader damages than insurance. Under Texas law, any financial or physical effects you suffered because of the car accident can be compensated. Additionally, while other states may place upper limits or “caps” on these damages, Texas law has no caps. Ultimately, this means a jury could award you as much money as they think you deserve when you’re injured in a car accident.
You may be entitled to compensation for all medical expenses. Any treatments you needed because of the injury, including things like physical therapy and rehabilitation, as well as imaging like X-Rays or MRIs, may be covered by a lawsuit.
If you missed work or are too injured to go back to work, you can recover compensation for your lost wages. This means paying back any paychecks you missed while recovering, as well as any projected losses in income you will face in the future because of your injuries. If you face permanent injuries and will not be able to return to work, a lawsuit may provide for any potential raises or promotions you would have received in the future, and can continue to pay your family those wages you missed out on.
Damages for pain and suffering depend heavily on the injuries you face. While some injuries like whiplash injuries may not be particularly severe on their face, the pain may be ongoing and last throughout the rest of your life. This could entitle you to higher pain and suffering damages than you might expect. For very severe injuries, however, the pain and suffering are often extreme. This can make this portion of damages one of the highest areas in many car accident cases.
Average Car Accident Settlement in Texas
In some cases, the insurance company and the other driver will offer a “settlement.” This is usually an alternative to trial, where they offer one lump sum in exchange for dropping the case against them. In many cases, these settlements can be quite high, but may not cover your full needs.
Always talk to an attorney before accepting any settlements from the other driver or their insurance company. It is difficult to understand what your case is worth without cracking open the books and examining your medical expenses and wages, and exploring how the condition affects your life and well-being. Because of this, you should always talk to an attorney before accepting any evaluation of what your case is worth.
Dallas Car Accident Lawyer
If you or a loved one was injured in a car accident in Texas, talk to one of our attorneys today. An Arlington TX personal injury lawyer at The Queenan Law Firm offer free consultations to help our clients understand what their case might be worth, and why they should avoid early or unreasonably low settlement offers. For your free consultation, contact our law offices today at (817) 476-1797.