What Are Your Damages Under Texas Law? 

You may be able to recover your losses even if you are at fault or if the other driver is uninsured. If you purchased Personal Injury Protection and Collision coverage, your insurance company must repair your vehicle and pay for reasonable and related medical expenses when the accident was caused by you. If you carry uninsured motorist coverage, your losses will be paid by your insurance company if the other driver who was at fault did not have a minimum liability policy as is required by Texas law. Check your policy to determine if you paid for this coverage.

If the other party is at fault, and the adverse insurance company accepts liability, an adjuster may offer to settle your claim for property and personal injury damage. The law allows you to recover for certain losses, and you are encouraged to go to the local law library and look up the following cases.

• An injured person may recover reasonable expenses incurred for medical, surgical, hospital, and nursing services and any other items reasonably and necessarily incurred in effecting a cure of one’s injuries. Powell v. Underbrink, 499 S.W. 2d 206 (Tex. Civ. App. San Antonio 1973, no writ).
• Future medical expenses that, in reasonable medical probability, will be incurred are also recoverable. Powell v. Underbrink, 499 S.W. 2d 206 (Tex. Civ. App. San Antonio 1973, no writ).
• You may recover for past and future pain and suffering. Hernandez v. Baucum, 344 S.W. 2d 498 (Tex. Civ. AppBSan Antonio 1961, writ refd n.r.e.).
• Mental anguish is recognized as a separate and distinct element of damage. Southwestern Bell Tel. Co. v. Cook, 30 S.W. 2d. 497 (Tex. Civ. AppBFort Worth 1930, writ refd).
• One may recover for impairment if he/she shows that there is a disability that extends beyond mere pain or lost earning capacity. Green v. Baldree, 497 S.W. 2d 342 (Tex. Civ. App Houston [14^th Dist.] 1973, no writ).
• Your family members may recover for impairment of familial interest known as loss of consortium. Whittlesey v. Miller, 572 S.W. 2d 665 (Tex. 1978).
• Finally, exemplary damages may be assessed if it is found that the responsible party acted with gross negligence. Channel 20, Inc. v. World Wide Towers Services, Inc., 607 F.Supp. 551 (W.D. Tex. 1985).

 

These cases merely provide a reference framework for you to determine what rights you may have. Even though liability may be clear and your damages real, you may encounter difficulties settling your claim. Should you ever feel that you are not being treated properly, and that the insurance company through its adjuster has not fulfilled its duty, you should contact an attorney to discuss your claim.

Always bear in mind that a settlement is final, and anything you may sign could release the insurance company from paying something else that might be owed. When in doubt, consult an attorney before agreeing to any settlement.

Our ebook, “Car & Trucking Crashes, 10 Secrets Victims Should Know to Protect Their Rights” is designed to give you guidance in pursuing your legal rights if you have been in a car or truck accident.  Whether you choose to hire Marc Whitehead & Associates or not, we hope that this ebook prevents you from becoming a victim twice!  Call us at 713-228-8888 or visit us on the web at www.personal-injurylawyer.com.