What Kinds of Compensation Can I Ask for in My Car Accident Claim in El Paso, TX?
David Muñoz | December 14, 2023 | Car Accidents
If you have been involved in a car accident in El Paso, the aftermath can be a whirlwind. Your attention will be consumed with physical injuries, emotional trauma, and even financial losses. Understanding the types of compensation available ensures you can get back on your feet.
Our team of El Paso car accident lawyers understands the importance of getting the financial recovery you deserve. We can help you recover all the compensation available for your losses after a collision.
Types of Damages Available in El Paso Car Accident Claims
Compensation in a car accident claim is often referred to as your “damages.” This compensation falls into two main categories: economic and non-economic damages.
Sometimes, a court may also award punitive damages to punish certain conduct. An El Paso car accident attorney can help you determine which compensation is available in your case. Not all damages are obvious or apparent immediately after an accident.
Economic Damages in El Paso, TX
Economic damages are an important part of your personal injury claim. They refer to the actual financial losses you suffered from the car accident. These damages are tangible and measurable. Economic damages are designed to compensate you for these losses.
Common economic damages include:
- Medical Expenses: This can include emergency room visits, surgery costs, medication, physical therapy, and long-term care expenses. Texas law allows you to claim both current and future medical costs resulting from the accident.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for your lost income. This also extends to a loss in earning capacity if your ability to work in the future is compromised.
- Property Damage: This includes compensation for repairs or replacing your vehicle and any other personal property damaged in the accident.
- Out-of-Pocket Expenses: This includes any additional costs incurred due to your accident. For example, you may have expenses from transportation to medical appointments or modifications to your home to accommodate injuries.
Calculating economic damages is a meticulous process. It involves gathering all receipts, bills, and statements to substantiate your claim. You may also have to work with medical professionals and economists to accurately estimate future costs related to your injury.
For this reason, having precise documentation is important. An El Paso personal injury lawyer may also rely on expert witness testimony to impact the compensation awarded for your damages.
Non-Economic Damages in El Paso, TX
Non-economic damages are another critical source of compensation in personal injury cases. They encompass the subjective, non-monetary consequences of your accident. These damages are challenging to quantify as they involve injuries that do not come with a receipt or invoice. Nonetheless, compensation for non-economic damages can be significant.
Common examples of non-economic damages after a car accident include:
- Pain and Suffering: These damages seek to provide monetary compensation for the physical pain and discomfort caused by your injuries. It includes the immediate pain following your accident and also the chronic discomfort or recurring pain that may persist.
- Emotional Distress: The psychological impact of an accident can be profound and long-lasting. You may be entitled to compensation for anxiety, depression, insomnia, fear, or even post-traumatic stress caused by your accident.
- Loss of Enjoyment of Life: When injuries preclude victims from engaging in hobbies and other recreational activities, you may seek compensation for loss of enjoyment of life.
- Loss of Consortium: These damages recognize how relationships with a spouse may be impacted by an accident. For example, you may be entitled to compensation if you experience loss of companionship, affection, or comfort.
- Disfigurement and Scarring: If the accident results in permanent scars, disfigurement, or other changes to appearance, a victim may seek damages for the emotional and psychological impact of living with these changes.
Quantifying non-economic damages typically requires evaluating how your life has been altered by the accident. Judges, juries, and insurance companies may use different methods to calculate these damages. Car accident lawyers often bring in doctors, mental health professionals, and other experts to testify about the extent of your non-economic losses. This can significantly increase your chances of maximizing compensation.
Punitive Damages in El Paso, TX
In rare cases, you may be awarded a third type of damages: punitive damages. These may be awarded if the at-fault party’s actions were reckless or malicious. Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future. Securing these damages can be a complex process, but an El Paso car accident lawyer can help so that justice is served.
What May Affect My Compensation in an El Paso Car Accident Case?
Understanding what kinds of compensation you can ask for in your car accident claim is essential. However, it is also important to understand factors that can significantly influence the compensation you actually receive. Texas laws play a crucial role in shaping the outcome of your claim.
Texas operates under a “modified comparative fault” system, which can directly impact compensation. If you are found to be partially at fault for the accident, your compensation may be reduced by a percentage equivalent to your share of fault.
If you are more than 50 percent responsible, you will not be eligible to receive any compensation. Establishing a clear picture of the accident is vital to minimize your share of the blame and maximize your compensation.
The Severity of Your Injuries and Strength of Your Evidence
Additionally, your compensation will be influenced by the severity of injuries and the strength of your evidence. Severe injuries that lead to long-term or permanent disability will typically result in higher compensation to cover extensive medical treatments and a potentially prolonged period of lost wages.
At the same time, inadequate or incomplete evidence can weaken your case, leading to reduced compensation. It is imperative to meticulously document your injuries, treatments, property damage, and other losses related to the accident.
Consult a Car Accident Lawyer in El Paso, TX
A car crash can upend your life, but knowing what compensation is available can provide a roadmap for getting back on your feet. In Texas, the law provides a way for victims to claim various damages, from tangible economic losses to pain and suffering. This ensures you are not left shouldering the financial burden of someone else’s negligence.
Navigating a car accident claim can be a daunting task, particularly when you are in the midst of recovery. If you or a loved one has been injured, schedule a free consultation with our El Paso car accident lawyers today.
Contact the El Paso Car Accident Law Firm of Mission Personal Injury Lawyers Today To Get More Information
Mission Personal Injury Lawyers
2515 Camino del Rio S Suite 350, San Diego, CA 92108
We also serve the state of Texas. Contact our personal injury law office in El Paso for legal assistance today.