Recovering damages following a car accident

Recovering damages following a car accident

| Oct 13, 2020 | Uncategorized

Nearly 16,000 people sustained a serious injury in a Texas motor vehicle accident in 2019, says data from the Texas Department of Transportation, As a result of these serious injuries, many accident victims have to undergo surgeries, treatments, and rehabilitation, and are unable to work in the weeks and months following the accident. Fortunately, accident victims can file a lawsuit against the driver at-fault for the collision and recover damages to help support themselves financially during this difficult time.

What damages can I recover?

Accident victims can recover both economic and non-economic damages following a car accident.

  • Economic damages refer to measurable losses, including past and future medical expenses, lost wages, loss of earning capacity, and property damage.
  • Non-economic damages refer to not readily quantifiable losses, including pain and suffering, emotional distress, mental anguish, disability, and disfigurement.

Can I still recover damages if I was at fault?

Many accident victims are partially at-fault for the accident and their own injuries, but can still recover damages from other negligent parties. Texas follows a modified comparative negligence statute, meaning that a driver can recover damages if they were less than 51 percent liable for the accident. However, the victim’s damages will be reduced based on the percentage of fault allotted to the victim. For example, a victim who is 30 percent at fault for the accident will recover only 70 percent of the damages awarded to them.

Filing a lawsuit after a motor vehicle accident can be overwhelming for victims still trying to recover from the physical and mental trauma they experienced in the accident. A personal injury attorney can help make the process easier and handle all the legal aspects of your case.