Understanding Damages After a Car Accident: What You Can Collect
Car accidents can be traumatic experiences, leaving you lasting with physical injuries, emotional distress, and financial burdens. Unfortunately, car accidents are quite common in Fort Worth and the entire Texas state.
With that being said, this may happen to you or somebody you know, hence it's crucial to understand the concept of damages and what you may be entitled to get.
Let’s expound more on the damages you can collect after a car accident and the factors that influence the amount you may be entitled to.
Types of Damages
There are two primary categories of damages that can be awarded after a car accident, i.e. economic damages and non-economic damages.
Economic Damages
Economic damages are tangible, quantifiable losses that have a direct financial impact on the victim. They include the following.
Medical Expenses- This covers the cost for all your medical treatment or any other healthcare-related expenses resulting from the accident.
Property Damage: This is the compensation that you are entitled to if your car or personal property is damaged in the event of an accident.
Lost Wages: If the accident has caused you to miss work, you can claim compensation for the income you would have earned during that time.
Future Earnings: In cases of severe injuries that may impact your ability to work in the future, you may be entitled to compensation for the loss of future earnings.
Non-economic Damages
Non-economic damages are more subjective and relate to intangible losses that are challenging to assign a specific monetary value.
They include:
Pain and Suffering- this encompasses physical pain, emotional distress, and mental anguish resulting from the accident.
Loss of Consortium- In a situation where the accident has affected your relationship with your partner, you may be entitled to compensation for the loss of companionship and intimacy.
Loss of Enjoyment of Life- If your injuries have significantly diminished your ability to enjoy life's activities, you may be entitled to compensation for this loss.
Factors Influencing Damages
Several factors can influence the amount of damages you may be entitled to after a car accident. Understanding these factors can help you build a strong case and negotiate a fair settlement.
Liability
The determination of liability plays a crucial role in calculating damages. If the other party is entirely at fault for the accident, you may be entitled to full compensation for your losses. However, if there is shared liability, your damages may be reduced proportionally.
Severity of Injuries
The extent and severity of your injuries directly impact the amount of compensation you may receive. Serious injuries that require extensive medical treatment and have long-term consequences generally result in higher damages.
Insurance Coverage
The insurance policies of both parties involved in the accident will influence the available compensation. If the at-fault party has inadequate insurance coverage, it may limit the amount you can collect. In such cases, your own insurance coverage, such as uninsured/underinsured motorist coverage, becomes crucial.
Documentation and Evidence
Thorough documentation of the accident and its aftermath strengthens your case. This includes medical records, photographs of the accident scene, witness statements, and any other relevant evidence. The more evidence you have, the better your chances of securing fair compensation.
The Claims Process
The Texas Department of Transportation reveals that there were 19,506 serious car crashes in 2019 alone. A staggering 30,992 victims were seriously injured, and 3,722 victims died in the crashes. If you find yourself in such a predicament, here are the steps to follow to collect damages after a car accident:
Seek Medical Attention
Your health is the top priority. Seek immediate medical attention for any injuries sustained in the accident. Prompt medical care not only ensures your well-being but also provides documentation of your injuries.
Report the Accident
The next step would be to file a police report detailing the accident. This report serves as an official record and can be crucial when establishing liability. You will be issued with a report number that will go into the records for future reference.
Consult an Attorney
One of the best ways to ensure that you get fair compensation after a car accident is to consult with a good personal injury attorney to help you through the process. In this case, you can reach out to Car Accident Attorneys in Fort Worth to help you forge the best way forward in terms of protecting your rights and getting compensation.
An experienced attorney car accident lawyer will guide you through the legal process including negotiating with insurance companies and representing your interests in court if necessary.
Notify Your Insurance Company
It wouldn’t be a great idea to wait till your insurance provider reaches out to you. The best thing to do would be to report the accident to your insurance company as soon as possible. Ensure you provide them with all the necessary information and documentation.
Again, speak to a lawyer to help you through the process of handling insurance claims.
Wrapping up
Understanding damages after a car accident is essential for navigating the complex process of seeking compensation for your losses. Whether you're dealing with economic damages like medical expenses and lost wages or non-economic damages such as pain and suffering, a thorough understanding of the types of damages and the factors influencing their calculation empowers you to make informed decisions.
In the aftermath of a car accident, prioritizing your health and rights can significantly enhance your chances of receiving fair and just compensation for the impact the accident has had on your life.
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