Recoverable Damages After a Katy Car Accident

The primary reason to file a car accident lawsuit after an injury is to secure financial support for your losses. There are numerous recoverable damages available after a Katy car accident which are meant to make up for your economic and personal losses. A personal injury lawyer is an important part of getting the damages you rightly deserve.

Economic and Non-Economic Damages

The economic damages a person can collect in a Katy car wreck will be the same as in any personal injury case, which are usually medical bills (both past and future), lost wages, and any therapy or rehabilitation they need.

The economic damages are the ones that are easy to calculate and put a number on. The non-economic damages are the more subjective losses like pain and suffering, incapacity and scarring, loss of companionship, and other forms of psychological or mental side effects.

Punitive Damages

Punitive damages are damages that can be awarded in a limited circumstance, if the defendant is shown to have intentionally caused an accident, or if they had a conscious disregard to the safety of others. Auto insurance coverage can cover all those types of damages, although some insurance policies in this state do exclude coverage for punitive damages.

Who Is Responsible for Paying Property Damages?

The at-fault party is responsible for the property damages. If they have insurance, it should cover them for their individual obligation, although, in many situations the plaintiff may have to make a claim on their own insurance for the property damage, because the defendant’s insurance is stonewalling. It makes a lot more sense to let their insurance do subrogation and go after the defendant to get reimbursed, and they will pay back the insured’s deductible when they recover.

Calculating and Capping Non-Economic Damages

If a jury has been requested in a car accident case in Katy, the jury would decide the non-economic damages. If neither side requested a jury, then the judge would hear the evidence and put a number on the non-economic damages (within reason, based on the evidence).

In Texas, non-economic damages are not capped, although a Court of Appeals could determine the damages are too excessive based on the actual evidence, in certain circumstances. The cap on damages would apply to punitive damages, with the cap being two times the amount of non-economic damages. There is an exception to the cap on punitive damages, which is to show the defendant’s negligence also involved criminal conduct.

How an Attorney Helps Recover Damages

Having the right attorney can make all the difference in recovering damages after a car crash. They could make sure the plaintiff sees a qualified doctor who can document their injuries properly, and is willing to testify in court to prove their case. A lawyer could also preserve the evidence, which may relate to parts of the case that could affect the value, such as evidence of why the defendant’s conduct was punitive.

There is a whole litany of steps a lawyer should take. They make sure the medical care provided was proper, reasonable, and well documented. They gather the evidence, and interview or secure statements from witnesses or family members who know how the injuries have affected the plaintiff’s life. Some of the most powerful witnesses are those who can describe how a person was both before and after an incident. If the person suffered serious catastrophic injuries, their attorney might hire expert witnesses to determine the amount of wages they will lose out on, and testify about how much the medical care they will need in the future.

Ask a Katy Attorney for Help in Recovering Damages After a Car Crash

Whether you have a mountain of medical bills, weeks of missed income, or psychological trauma, Schechter, Shaffer & Harris wants to help. Consult with an attorney on the recoverable damages after a Katy car accident. We offer free consultations for you to learn if you might have a case.