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How are damages calculated for an accident in Dallas?

Dallas, TX – Texas has one of the highest numbers of car accidents in the country. According to statistics, in 2020, 3,896 people were killed and over 14,500 were severely injured in motor vehicle crashes. All these people and their families are left with often huge medical expenses and lost earnings, which takes us to the complex issue of recovering said damages. Most people will find solace in the idea that they have insurance but that’s mostly because they haven’t had to deal with the insurance company so far. At least, not for a serious accident.

For a minor parking lot incident, yes, the process of getting some money to fix your car is pretty straightforward and fast. However, when you make a personal injury claim that’s worth tens or hundreds of thousands of dollars, you’d better have an experienced Dallas accident lawyer by your side.

 How do accident claims work in Texas?

Texas is an at-fault state, so you’ll have to make a claim against the other driver’s insurance. Hopefully, the guy who caused your crash does have insurance, or you might have to sue them to recover damages.

Another thing you need to keep in mind is that Texas uses a modified comparative negligence rule and if you’re partially at fault for the crash your damages will be reduced by a percentage corresponding to your share of the blame.

As an example – if another driver runs a red light and slams into your car, you may be found somewhat at fault if you were above the speed limit at the time. Maybe that had nothing to do with the accident, but it’s still a violation of the traffic rules and the insurance company will make sure you pay for that. The insurance adjuster may assign you, say, 10% of the blame for speeding. Your damages are reduced by 10% and that’s money they get to keep. 

If there’s anything that an insurance adjuster might hold against you, do not try to negotiate a personal injury claim without talking to a seasoned accident lawyer first.

How are accident damages calculated?

In Texas, you can get compensatory damages, which are of two kinds:

  • Economic damages – These will cover your medical expenses, including medicines, special equipment, and any home alterations required if you have sustained an injury that causes mobility issues. You can also seek compensation for your lost wages, past and future. If you are left with a disability and you won’t be able to go back to your old job, the damages should cover your lost future earnings. 
  • Non-economic damages – These are meant to compensate you for your mental and physical suffering. There are no bills you can present for that, so it’s best to talk to some skilled Texas accident lawyers to see how much your pain and suffering are worth. Generally speaking, your lawyers will focus on how much pain the injury and the medical treatment caused, and whether your injury prevents you from performing certain tasks or taking part in your usual activities. There’s also the mental trauma and the anxiety the accident caused you to be considered.

In most cases, pain and suffering damages are calculated using the multiplier method. Your economic damages will be multiplied by a factor between 1.5 and 5. If for instance you break a leg and will need a few weeks to recover, such an injury may be assigned a 1.5 factor. However, if you sustain spine damage and your injuries will require many months of grueling therapy, your lawyers will plead for a factor like 4 or 5. The good news is that in Texas there is no cap on pain and suffering damages for car accident injuries. Only non-economic damages for injuries resulting from medical malpractice are capped at $250,000.

 Attorneys Near Me

If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on usattorneys.com. Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area. 

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