What Type of Compensation Am I Owed After a Car Crash in Austin?
Every state has its own system for determining liability for compensating victims of car accidents. The state of Texas has a modified comparative fault system for car accident claims. This means you can receive compensation for losses caused by the accident even if you were partly at fault for the crash. However, the amount of compensation you can recover is reduced by your percentage of fault.
In Texas, the at-fault driver (the driver at least 51% at fault) is liable for compensating the injured driver involved in the crash. Typically, the at-fault driver’s insurer compensates the accident victim.
Identifying the at-fault party may seem straightforward. However, many car accidents end up being much more complex than they initially appear. The insurance companies of at-fault drivers will often try to deny any wrongdoing or undermine the seriousness of the crash.
Different Types of Car Accident Claims in Texas
In Texas, there are three primary types of claims:
- First-party claim – The request for compensation is filed with the car accident victim’s insurance company.
- Second-party claim – The request for compensation is filed by an insurer following the accident.
- Third-party claim – The request for compensation is filed by the car accident victim with the at-fault motorist’s insurer.
The skilled and knowledgeable Texas car accident attorneys at the Loewy Law Firm can help you determine the best claim for recovering compensation in your unique accident case.
Limits On Car Accident Compensation
Texas has limitations on the compensation you can recover following a car crash. For instance, the statute of limitations for a personal injury claim in Texas is two years. If you wait longer than two years after the date of your injuries, you will be barred from recovering compensation.
Texas also limits the amount of compensation you may receive in certain situations. For example, if you were involved in a car accident with a police officer while they were on duty, you cannot recover more than $100,000. There are limits on the amount of punitive damages you can receive as well. These damages may be awarded in car accident cases as a way to punish the at-fault driver.
Types of Compensation in Texas Car Accidents
In Texas, car accident victims are typically entitled to compensation that is equal to the value of their losses. This, there is no ‘average’ car accident settlement amount. All car accident claims have to be approached on a case-by-case basis.
Car accident victims can seek compensation for both monetary losses and for any intangible, or noneconomic, losses. Common types of compensation in Texas car accident cases include:
You are entitled to compensation for both your past and future medical expenses. You could receive compensation for all expenses involved with your medical treatment, which may include:
- Doctor visits
- Physical therapy
- Prescription drugs
- Diagnostic tests
- Counseling and mental health treatment
- Assistive aids such as a wheelchair
After the accident, your injuries may cause you to lose earning capacity because you are unable to work. An attorney can help prove that your injuries have impaired your ability to earn a living.
In many accident cases, the vehicles become damaged or even totaled. Even repairs have been made, the value of a vehicle will usually drop after the crash.
It’s important to document the accident scene following the crash if you can. Take photos of the vehicular damage. Hold on to all receipts related to the crash, including:
- Towing costs
- Cost of rental car
- Vehicle repairs
- Parking fees
- Mileage reimbursement for travel to doctor’s appointments
Scarring and Disfigurement
Amputations, scarring, and burns are common examples of bodily disfigurement claims made by car accident victims. The size of the disfigurement is not required to be noticeable for a claim. Disfigurement claims are based on the embarrassment the victim suffers and their decision to conceal the disfiguring injury.
Loss of Enjoyment of Life
These claims consist of physical impairments based on the injured victim’s reduced ability to enjoy activities after they have been involved in a car crash. Examples include loss of enjoying recreational activities and not being able to eat and enjoy certain foods due to facial damage.
Pain and suffering
Car accident victims can recover financial compensation for the pain and suffering they had to endure as a result of the injuries sustained in the crash. Accident victims could recover compensation for past, present, and future pain and suffering.
Mental anguish is a high level of distress or mental pain. Mental anguish is generally beyond the emotions of anger, embarrassment, and fear. Your lawyer will be able to collect evidence to prove that you suffered from mental anguish due to the accident.
These damages are awarded in rare cases. The purpose is to punish the driver whose behavior was grossly reckless and negligent. With punitive damages, the court wants to send a message that such behavior will not be tolerated.
Contact an Austin Car Accident Attorney
If you have been severely injured in a car accident in Austin that was caused by another party, the skilled car accident lawyers at Loewy Law Firm are ready to help.
For more than 15 years, we have been pursuing car accident claims on behalf of injured clients in the Austin area. No matter how complicated the car accident, our personal injury attorneys will take the time to get to know you and your case. We will fight tirelessly for the full and fair compensation you need and deserve. Call now for a free, no-obligation consultation.