After a car accident, it can be difficult to know what steps to take. Severe injuries may threaten your future, while even minor accidents may cause limited function or chronic pain. Even if only your vehicle was damaged, you may question whether it can ever be safe to drive again.
At Fleming Law Accident & Injury Attorneys, our car crash attorneys work carefully to secure full compensation for our clients. When seeking recoverable damages after a Houston car accident, it is crucial that drivers understand their rights.
Many accidents involve at least two drivers who were at fault in some way. Local roads are congested, and few people can claim they drive cautiously at all times.
Under Texas Civil Practice & Remedies Code §33.001, recoverable damages from a car crash in Houston are based on each party’s percentage of fault. Any driver found to be over 50 percent at fault cannot recover damages.
A survivor who is less than 50 percent responsible can recover damages, but their share of fault reduces their award. For example, someone who is 10 percent at fault must accept a 10 percent reduction in their damages, according to Tex. Civ. Prac. & Rem. §33.012(a).
Most car accident cases never go to court. Insurers investigate, analyze fault percentages, and make offers based on their conclusions. These reports can be unfair, so our attorneys perform their own investigations to defend their clients’ rights.
A claim for recoverable losses after a car wreck in Houston can include three types of damages. Economic damages, also called special damages, cover measurable costs, including medical expenses, loss of current and future income, and property damage.
Non-economic damages, or general damages, compensate for losses that are not easily quantified, such as your pain and suffering, mental anguish, or the loss of companionship of a loved one.
Sometimes, cases can involve exemplary, or punitive, damages. A jury may award damages under Tex. Civ. Prac. & Rem. §41.003 to punish a defendant who commits fraud, acts with malice, or engages in gross negligence, such driving while impaired.
To prepare a claim for car accident damages, you should collect all related bills, receipts, or invoices, including those for:
To claim lost income, we require pay stubs or other proof of wages lost during recovery. Self-employed individuals should provide tax returns, unfulfilled contracts, and other evidence of lost opportunities. Witness accounts of pain and daily struggles can help provide evidence when recovering damages after a Houston auto crash.
When calculating claims, we balance evidence, legal theory, and our clients’ urgent needs for relief. For years, we have worked hard to secure full compensation for our clients. If you are seeking recoverable damages after a Houston car accident, we can do the same for you and your family.
It is advisable to call our attorneys before making any statements that may be used against you. We are always available to take your call. Reach out to Fleming Law Accident & Injury Attorneys today to get started.
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