When you suffer an injury due to someone else’s negligent actions, you’ll likely be eligible to receive compensation. The amount you receive will depend on the specific facts and circumstances of your case.
In this article, our Dallas-Fort Worth personal injury lawyers will touch on seven things that can affect how much compensation you receive. We’ll focus on motor vehicle accidents for this article.
1. Texas Liability and Fault Laws
Even if you are partly at fault for an accident in which you were injured, Texas allows you to get compensation. However, you cannot get any compensation if you are found to be 51% or more at fault. This is due to Texas’s law of modified comparative negligence.
Your percentage of fault will be determined by factors like:
- Eyewitness testimony
- Video evidence
- Opinions of accident reconstructionists and other experts
- Whether you violated any traffic laws leading up to the crash
- And more
2. Statute of Limitations
In Texas, you have up to two years from the date of your injury to file a claim. If you wait longer, you’ll probably not be allowed to pursue a claim. There are some exceptions, but rather than risk waiting too long, you should get an attorney’s advice as soon as possible.
3. Type and Seriousness of Your Injuries
The more severely you were hurt, the more compensation you could receive. That’s because severe injuries mean higher medical bills, more pain and suffering and potentially a long-lasting impact on quality of life.
Types of injuries that may lead to higher settlements include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Amputation/loss of limb
- Disfigurement
- Burns
- Serious psychological harm
4. Cost of Medical Care and Ongoing Treatment
Your settlement should account for both current and future medical expenses. The medical care you receive immediately after the accident and ongoing treatment, possibly for the rest of your life, are both expensive. Be sure to keep records of every bill you receive for:
- ER visits
- Hospitalization
- Surgeries
- Medication
- Physical therapy
- Psychological counseling
- Equipment like wheelchairs and other assistive devices
5. Loss of Wages and Earning Capacity
You should be compensated for the work you miss due to your injuries. And, if your injuries mean you have to take a lower-paying job in the future, you should also be compensated for that. That’s called “loss of earnings.”
6. Pain and Suffering
It isn’t just physical injuries that merit compensation. You should be compensated for intangible harms, too. You may receive what are called pain and suffering damages for things like emotional distress, depression, PTSD and loss of enjoyment of life.
7. Property Damage
Your settlement should include compensation for damage to your vehicle and other personal property. Keep documentation of repair estimates and receipts to add them to your claim.
Get Legal Help if You’ve Been Injured in Texas
The attorneys of Ted B. Lyon & Associates in Dallas-Fort Worth help injured people every day. We’re here to analyze your potential claim and pursue any compensation to which you may be entitled. Please call 877-Ted-Lyon or contact us online to schedule a free, no-obligation consultation with one of our lawyers.