This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Auto Injury Lawyers: Recover Compensation for Economic and Non-Economic Losses

Our skilled auto injury lawyer can help car accident victims recover compensation for economic and non-economic damages.

As we all know only too well, car accidents are expensive! After a severe crash, you might have to repair your car and pay for medical treatment. On top of that, bad accidents also leave victims unable to work, which only compounds the problem. Fortunately, Texas’s civil law system exists precisely to compensate victims for injuries caused by someone else’s negligence. After a car accident, an auto injury lawyer can help you receive compensation for various economic and non-economic losses. More info on this website

What kind of economic losses are included?

1. Medical Expenses
2. Lost Wages
3. Property Damages
4. Future Medical Expenses

At our Law Firm, we sadly see clients every week who have suffered sometimes serious injuries in car accidents, including:

Head injuries
Traumatic brain injuries
Back injuries
Spinal cord injuries
Broken bones
Crushed limbs
Amputations

Remember that even relatively minor injuries, like cuts or sprains, can develop complications if not properly and promptly treated. For example, a cut can quickly get infected, with potentially life-threatening complications. Similarly, invisible injuries such as those to your back might appear at first to be minor but can, unfortunately, lead to lifelong chronic pain conditions.

After an accident, you can receive compensation for medical care to treat your injuries. Our clients have received money for:

Transportation to the hospital
Hospital treatment
Surgery
Doctor’s visits
Rehabilitation
Prescription drugs
Equipment such as wheelchairs, braces, or crutches

These economic losses are relatively easy to calculate. Hold onto all your medical bills and receipts and show them to your auto injury lawyer. And if you need continuing medical care for catastrophic injuries, you can also receive money for that care. For example, someone paralyzed might need an at-home attendant and periodic surgery in the future. The amount of future care is somewhat speculative, but a skilled personal injury lawyer can estimate the costs reasonably.

Many injuries require recovery time at home, and you can receive compensation for missed time at work. To calculate your lost income, show your attorney proof of payment, such as pay stubs, tax returns, W2 forms, or self-employment ledgers.

When serious injuries are severe, you might be unable to return to your old job. For example, someone who worked as a violin teacher will probably have to find a new job if her arm has been amputated. You can receive lost earnings capacity if your new job pays less. Lost future earnings are like future medical care, somewhat speculative.

2. Property Damage

Your vehicle probably suffered damage in the car accident. You can receive compensation to fix or replace the vehicle if it was totaled. Hold onto any repair estimates to document how much compensation is necessary to reimburse you.

What kind of NON-economic losses are included?

1. Pain and Suffering

Not all losses can easily be measured in dollars and cents. Texas car accident victims can also receive compensation for non-economic losses, such as pain and suffering. Consider the following:

Physical pain
Emotional anguish or distress
Loss of enjoyment of life
Disfigurement

Proving non-economic losses is more complicated than economic ones. For one thing, juries can sometimes be skeptical that you are suffering from pain, so you will need high-quality evidence to convince them otherwise. Depending on the circumstances, your auto injury lawyer might present the following:

Testimony from friends or family about how your injuries have changed you
Your testimony about the pain you feel
Proof of prescription drugs to manage pain or regulate your mood
Testimony from a therapist or mental health counselor
Some of our clients also keep pain journals documenting their pain’s location and intensity daily. They can also detail how their injuries have changed their mood for the worse. A detailed pain journal is robust evidence of your non-economic losses.

Generally, more serious physical injuries will garner more compensation for non-economic losses. For example, someone fully paralyzed will receive more than someone who broke their arm. Nevertheless, no two cases are exactly alike, and your lawyer will analyze all relevant facts to estimate the number of damages you can receive.

2. Loss of Consortium

After a car accident, your spouse might also have a legal compensation claim. He or she can bring a case for “loss of consortium,” which is the legal term for adverse changes to your marriage, such as:

Loss of companionship
Loss of guidance
Loss of moral support
Loss of instruction
Loss of sexual intimacy

The Texas Supreme Court has allowed children to bring a loss of consortium claim when their parents have suffered disabling, serious, and permanent injuries. Children can suffer the loss of love, protection, emotional support, care, and services when a parent is severely injured, and they deserve compensation.

3. Punitive Damages

Compensation for economic and non-economic losses makes you “whole.” However, punitive damages have a different purpose. They are intended to punish a defendant for egregious or dangerous conduct. If you win punitive damages, you get to keep them in addition to your compensatory damages.

Not everyone qualifies to receive punitive damages in a car accident. Texas outlines the circumstances in which you can pursue punitive damages. For car accidents, you might qualify if you have clear and convincing evidence that the driver intentionally harmed you or exhibited a conscious disregard for your safety. Please ask your attorney whether or not you may qualify for punitive damages.

One common situation where you might qualify for punitive damages is if a drunk driver injures you. Getting behind the wheel while intoxicated exhibits a lack of regard for other people’s safety, and you can punish them by pursuing punitive damages.

4. Wrongful Death

If a loved one dies in a car accident, some survivors can bring a lawsuit for wrongful death. Texas law specifies that the deceased person’s:

surviving spouse,
children,
and parents

or one or more of those individuals on behalf of them all—are eligible to file a wrongful death lawsuit in the state’s civil courts

Speak with an Auto Injury Lawyer Today

After a severe car accident, our clients come to us worried about whether they can provide for themselves and their families. At our Law Firm, we have built our reputation fighting for injured victims just like you. Contact us today for a free consultation. We will be happy to explain your options, and remember that there is no cost to you as we handle all cases on contingency.