If you’ve been in a car accident, your expenses will be mounting at a time when you’re trying to heal and potentially not able to work. This is a difficult place to be in, but the law does allow you to seek compensation for all damages and losses that are related to your accident. A Katie, TX car accident attorney can help you properly calculate your claim and get the compensation you’re entitled to under the law.

What Compensation Can I Claim After a Car Accident?

1. Medical Bills

The first category is possibly the most obvious: you should not be suffering financial loss paying for medical bills that are only necessary because of someone else’s negligence. All your medical expenses should be covered. This would include any treatment and transportation you required from emergency services at the scene of the accident, ER or urgent care visits, any follow-up visits, all surgeries and hospital stays, individual doctor bills, physical therapy, medications, and more.

In most cases, a qualified car accident attorney will advise you not to bring a claim until you have reached maximum medical improvement. This term simply refers to having reached the furthest point of healing that your doctor believes will be possible under the circumstances. For some people this will be complete healing, while for others there may be ongoing disability. However, in some cases you may need to bring a claim while estimating what your future medical expenses will be. Your lawyer will have experts who can help you make this calculation so you don’t miss out or underestimate what you’ll need in the future.

2. Lost Wages or Salary

The next category for which you should be compensated is for all the money that you ordinarily would have earned but were not able to because of your accident. This includes not only your standard base salary but also bonuses you would normally have been entitled to, overtime, and even promotions. For those last two, it can become more complicated to prove what you deserve, and you should always have a lawyer on your side to help you at this point.

For overtime, for example, you would need to show things like how much overtime was actually available during the time that you were injured and how often in the past, on average, you picked up overtime hours. If you’ve been injured so badly that you cannot return to your job at all, or you can only return in a lower paying role, you should be compensated for this, too. Compensation may be for retraining to a new job or even for permanent disability if you will be unable to do any job at all going forward.

3. Personal Financial Losses

There are other financial losses you may have undergone after your accident that have nothing to do specifically with a medical bill. For example, if you were unable to drive because of your injury and had to take taxis or Ubers for several weeks to and from your medical appointments, to go grocery shopping, to get the kids from school, etc., this should be covered.

If you have had to hire childcare, cleaning, or landscaping services because you are unable to do your normal chores around the house, you may be able to claim these, as well. If you have to make modifications to your home to accommodate a new disability, the negligent party and their insurance should be compensating you for these expenses.

4. Loss of Personal Property

After a car accident, the first property loss you likely think of is the loss of a car. While this is a significant loss and usually the biggest one, there may be many other losses to calculate. For example, if you were carrying an expensive mobile phone and personal laptop computer in the car, and these were destroyed, this is something that you’ll be able to claim. The same would be true if you were bringing home a new and expensive appliance or tool.

5. Non-Economic Losses

“Non-economic damages” cannot be calculated using bills and receipts, but they are very real losses. These referred to the mental suffering that you have gone through with pain, anxiety, loss of enjoyment in life, or even the loss of companionship from a spouse. In some cases, these can be significant, such as if your spouse has left you because you have a new disability, or if you are unable to take part in an active hobby which you used to regularly enjoy. These losses are usually calculated as a percentage of your economic losses or on a day by day basis. Your lawyer can help you figure out the right number to ask for here.

6. Punitive Damages

It is quite rare for the courts to order punitive damages, but they are sometimes appropriate. Punitive damages do not compensate you for any actual loss. Instead, they are designed solely to punish the person responsible for the accident. In most cases, they are not relevant, but they can sometimes be awarded if the other party’s behavior was particularly and egregiously negligent or reckless.

For example, if you were hit by a drunk driver, and especially if that driver’s blood alcohol level was unusually high, your lawyer may suggest that you petition the court to award you punitive damages.

Things That Can Affect Your Compensation

Modified Comparative Negligence

Texas is a modified comparative negligence state, and this simply means that your compensation after an accident is always reduced by the amount of fault you have. If you are 51% or more responsible, you cannot recover any compensation. But anything at 50% or lower, and you can, minus the same percentage as your fault. So, for example, if you have $20,000 in damages but are 10% responsible, you would only be able to collect 90%, or $18,000.

Your Katy, TX Car Accident Attorney

One of the biggest factors in how much compensation you will be able to get is going to be the skill and experience of your lawyer. Statistics show that those who bring a personal injury claim with a lawyer do much better than those without one, even with the lawyer’s fee deducted. And your lawyer will work on a contingency basis, meaning they do not get paid unless you do. This means they are on your side and fighting to get you as much as possible.

The Specific Insurance Policy and Negligent Party’s Resources

In most cases, you cannot recover more from the insurance company than the policy maximums. If these maximums are far below your losses, you may have the option to bring a lawsuit against the negligent party. However, bear in mind the old adage “you can’t get blood from a stone.” In some cases, the other party may not have any resources sufficient to pay your losses. Your lawyer can tell you more and help you make the right decision for your case.

If you’ve suffered losses in a car accident caused by another’s negligence, you are entitled to bring a claim. Contact the Law Office of Shane McClelland – Personal Injury & Accident Lawyer now in Sugar Land and Katy, TX for a free case evaluation.