FAQs About Car Accidents in San Antonio
The moments, days, and months following a car accident are very confusing and you will have many questions. It is important that you obtain legal advice so your questions can be answered. Knowing the answers to some of the most important questions can protect your rights and help you obtain the full compensation you are entitled to. Below, our San Antonio car accident lawyer answers some of the most common questions we hear from victims after a crash.
What Damages are Available After a Crash?
The damages, or financial compensation, you receive after a car accident are intended to make you as whole as possible. In other words, they are meant to help restore you to the same mental, physical, and financial situation you were in before the accident. As such, some of the most common damages awarded in these cases are as follows:
- Medical expenses (Past, Ongoing, Future)
- Lost income (Past, Ongoing, Future)
- Diminished earning capacity (Future)
- Property damage (towing, storage fees, rental expenses, loss of use, total loss/market value, diminished value of the vehicle)
- Disfigurement (Past, Ongoing, Future)
- Physical Pain and Suffering (Past, Ongoing, Future)
- Physical Impairment (Past, Ongoing, Future)
- Loss of enjoyment of Life (Past, Ongoing, Future)
- Mental anguish and emotional distress (Past, Ongoing, Future)
- Loss of consortium, if you are unable to have intimate or personal relations with your spouse (which is a claim asserted by your spouse)
In rare cases, you may also be awarded punitive damages if the defendant’s actions were grossly negligent or reckless. Punitive damages in car accident cases, though, are rare.
Is Texas a No-Fault Auto Insurance State?
No. Like the majority of states in the country, tort law governs car accidents in Texas. This means after a crash, you must file a claim with the defendant’s insurance company. Sometimes, it is easy to determine who the liable, or at-fault, party is after a crash. In other instances, however, it is much more difficult. A crash involving a truck, for example, may involve identifying multiple liable parties and dealing with multiple insurance companies.
When Should You File a Personal Injury Claim?
You must take several factors into consideration before you file your claim. If you have been hurt, you should file a claim as soon as possible. Still, you should also wait until you have reached maximum medical improvement and have an accurate prognosis so you can claim past and future expenses. In Texas, you also must file your claim within two years of the date of the crash or you will likely lose your right to receive any compensation.
Can I Claim Compensation if I Contributed to the Crash?
It depends. Under the comparative fault law in Texas, you can still claim compensation if you were less than 51 percent at fault for the crash. Any damages you will be awarded will be reduced by the same percentage of fault you carry for the accident.
Do You Need a Car Accident Lawyer in San Antonio?
While you are not required to work with a San Antonio car accident lawyer, having legal representation can help you obtain more financial compensation and increase the likelihood of your claim’s success.
How Much Money do You need to Hire a Car Accident Lawyer in San Antonio?
None. At the Law Office of Israel Garcia initial consultations are free and there is no obligation to hire us. We take every case on a contingent fee basis, which means there are no upfront charges to you whatsoever and you pay nothing out-of-pocket – we only get paid when you get paid after we obtain a settlement or recovery from you. At the Law Office of Israel Garcia, our experienced attorney can answer all of your questions and help you seek to recover the maximum amount of compensation allowed under the law. Call us now at 210-LAW-9999 or chat with us online to schedule a free consultation and to learn more.
Sources:
statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
