Grand Prairie Car Accident Lawyer
After a car accident, many individuals sustain not just physical injuries but emotional and financial burdens as well. From doctor’s appointments to missed days at work, many people find that a crash wreaks havoc on their lives and their finances. Fortunately, Texas law allows injured individuals to file a lawsuit and seek compensation for the damages they sustained due to the accident.
If you or a loved one were injured due to the negligence of another, speak to a Grand Prairie car accident lawyer about your legal options. With the help of a knowledgeable personal injury attorney, you may be eligible to recover compensation for your injuries and damages including medical expenses, lost wages, mental anguish as well as pain and suffering.
Filing a Car Accident Lawsuit
Personal injury lawsuits depend on the legal theory of negligence. A person is negligent when they have a duty to act responsibly, breach that duty, and as a result cause an injury to another person. In a car accident case, the plaintiff would generally try to prove that the defendant’s failure to operate a vehicle in a responsible manner caused an accident which led to an injury.
Not every car accident is attributable to solely one person. To account for cases where each driver might share some of the responsibility for a collision, Texas follows the rule of modified comparative negligence according to Tex. Civ. Prac. & Rem. Civ. Prac. & Rem. §33.001. This rule allocates blame and damages based on the percentage at fault of each driver.
The modified comparative negligence rule says that a driver’s compensation will be reduced proportionately according to their percentage at fault. If a driver is 51 percent or more at fault for an accident, they may be ineligible to recover compensation for their injuries. In other words, a driver cannot recover money for their injuries if they were more than half the cause of the accident.
The Statute of Limitations
In Texas, individuals have two years from the date of their accident to file their personal injury lawsuit. If this deadline, or statute of limitations, passes before the injured person files their claim then they may be barred from recovering compensation from the responsible party. The injured party should seek help from a skilled lawyer to ensure that their claim is filed correctly and promptly.
Recovering Compensation After a Collision
Individuals who are injured due to negligence can file a lawsuit seeking damages or compensation from the responsible party. Depending on the case, a judge or jury can award two types of compensatory damages: economic and non-economic damages.
Compensatory damages are meant to compensate injured people for their financial losses. Economic damages have a specific monetary value. These damages could include medical expenses, lost wages, cost of rehabilitation and surgery.
In contrast, non-economic damages cover losses that cannot be easily quantified. For example, individuals may be eligible to recover compensation for losses such as pain and suffering, mental anguish or lost quality of life. An experienced car crash lawyer in Grand Prairie could determine which type of damages the injured claimant may be eligible to recover.
Individuals may also be able to recover punitive damages, but they are relatively rare and are not awarded in every case. Unlike compensatory damages which reimburse injured people for their losses, punitive damages are meant to punish the defendant for their actions. For example, a case where punitive damages may be warranted could be after an accident caused by a habitual drunk driver.
Speak with a Grand Prairie Car Accident Attorney Today
Hiring a lawyer can give you peace of mind knowing that your rights and interests are protected. A Grand Prairie car accident lawyer could ensure that you get justice for your injuries.
Contact an attorney to learn about how you may be eligible to seek compensation. Call to schedule a consultation today.