Car Accident Damages and Auto Accident Compensation – Car Accident Attorney
If you are in a car wreck and have sustained injuries as a result of a car accident it is imperative that you consult both a doctor and lawyer regarding your damages. This conversation needs to occur as quickly after the car wreck as possible. The reason why this is so important is that it is crucial to increasing the amount you are compensated for your injuries.
Let us make it clear how we as auto accident attorneys fit into the picture. Our job as accident lawyers is to maximize your potential money recovery for your injuries. Without first establishing documented medical evidence of your injuries it is very difficult to obtain a favorable financial settlement. Many times you as the client don’t even know the different categories of damages you can recover money for. The list below gives a brief description of the different legal categories for compensation when one has been injured due to the negligence of another. These categories are what we use to tailor your personal injury case so that you receive the maximum money award you deserve.
Categories of Compensation for Pain and Suffering – Auto Accident Attorney
Past Physical Pain: In order to prove past physical pain the victim can either testify as to the pain or can offer evidence other evidence. See City of Harlingen v. Vega, 951 S.W.2d 25, 29 (Tex.App.–Corpus Christi 1997, no writ). The law also assumes that physical pain results from serious bodily injury. City of Tyler v. Likes, 962 S.W.2d 489, 495 (Tex. 1997).
Future Physical Pain: This type of pain is also determined by the victim as well as by the treating physician that can establish the nature of the injury and its potential to cause pain in the future.
Mental Anguish: Mental anguish is defined as “intense pain of body or mind…or a high degree of mental suffering.” Hicks v. Ricardo, 834 S.W.2d 587, 590 (Tex.App.–Houston [1 Dist.] 1992, no writ). Mental anguish is more than mere worry, anxiety, vexation or anger. Id. Further, mental anguish is recoverable upon a finding that the plaintiff was physically injured.
Disfigurement: In a personal injury suit, a plaintiff can recover damages for past and future disfigurement. Wal-Mart Stores, Inc. v. Tinsley, 998 S.W.2d 664, 673(Tex.App.–Texarkana 1999, pet. denied). Disfigurement is defined as “that which impairs the beauty, symmetry or appearance of a person or thing; that which renders unsightly, misshapened, or imperfect or deforms in some manner.” Id.
Physical Impairment: Physical impairment is defined as the “loss of enjoyment of life” or the “loss of the injured’s party’s former lifestyle.” Dawson v. Briggs, 107 S.W.3d 739, 752 (Tex.App.–Fort Worth 2003, no pet. h.). Physical impairment includes the inability to participate in sports, hobbies or other recreational activities. See Southern Pac. Transp. Co. v. Harlow, 729 S.W.2d 946, 950-51 (Tex.App.–Corpus Christi 1987, writ denied)(holding that plaintiff’s inability to play racquetball, perform routine car maintenance or home repairs and other recreational activities was sufficient to support a finding of damages for physical impairment).
Medical Expenses: In order to recover for past medical expenses, a plaintiff must prove that: (1) the expenses were reasonable in the amount and necessary in treating the injury and (2) the medical expenses were incurred or paid by the plaintiff or on behalf of the plaintiff. TEX. CIV. PRAC. & REM. CODE ANN. § 41.0105.
Compensation for Auto Accident Injuries – Auto Accident Lawyer
Regretfully, in our legal structure, many times the only way a victim can be made “whole” again is by compensation from the guilty party. We understand that these accidents can destroy lives so much so that no amount of compensation will ever make it right. However, because we must work within the structure of our legal system, we can help you recover money for your pain and suffering. Compensation is what you hire an attorney for. Compensation is what we strive to obtain for you to help you get through this difficult time and back on your feet.
We can also help you find appropriate medical care to help you recover from your injuries. We have worked with many trauma doctors that are skilled in helping you rehabilitate your injuries, and would be glad to share their information with you. Many times they will work on a letter of protection which means you will not have to pay until you have recovered a money settlement from the insurance company.
We understand that the other driver has a large insurance company that is paid to protect them even when they have acted negligently in an accident. We also understand that if you have been injured in an accident with an automobile you are going to need a lawyer who can act quickly to maximize any personal injury damages you may be entitled to. We are car accident lawyers you can depend on to work hard for the best possible monetary result.
It is always our goal to maximize any recovery you are entitled to. Further, we are not able to accept any offer of settlement without your express approval. This is a cooperative effort between you and the Beltz Law Firm to make sure that every opportunity is taken to get you the money you deserve for the injuries incurred as a result of a car accident in Texas. Give us a call now if we can be of assistance to you.