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Were You Injured in a Car Accident? How Do You Maximize Your Compensation?

Were you injured in a car accident as either a driver, passenger, pedestrian, or on a motorcycle or bicycle? We will discuss 22 tips on how to maximize your personal injury case compensation.

Whether your injuries are relatively minor, such as whiplash, sprains, strains, or bruises or are major such as broken bones or paralysis, it’s important to identify how you can increase the value of your personal injury case.

Before we go over the list of ways to maximize your compensation, let’s first discuss what are the categories of compensation or “damages” that you are allowed to recover under the law:

Medical Expenses

This is often the largest part of your “economic damages.”   Economic damages are those that are easily quantifiable into a dollar figure.  You are entitled to be compensated for all your medical expenses that you accrued as a result of the accident.  This includes past out-of-pocket medical bills such as prescription pain medication you paid for at the pharmacy, medical bills that your health insurance / Medicaid / Medicare paid for, and any outstanding medical expenses.

In addition, any future medical expenses that you can prove you need after you settle your case and beyond can also be included in your damages.

Lost Wages

Another part of your economic damages—past lost wages—include any lost time you missed from your job as a result of the accident.  This includes the time for which you didn’t get paid, vacation time you took, and sick time that you used.

Lost earning capacity is also a subcategory of lost wages and is the lost earnings you will experienced in the future as a result of your injuries.  You’ll likely need proof from a vocational economist to prove your expected earning potential in the future.

Physical Pain And Suffering

Past and future physical pain and suffering are often the most well-known type of “non-economic” damages.  Non-economic damages are those damages that are not so easy to quantify.  Just think how difficult it is to place a dollar figure on someone’s pain.

Physical pain and suffering is the physical pain that you feel as a result of your injury. Sometimes this is bunched in with mental or emotional pain or anguish, but this is a distinct category of damages that is a recognizable part of your personal injury compensation.  The difference between the two is that physical pain and suffering strictly concerns the actual physical pain that an injured party feels from a physical injury and mental or emotional pain or anguish is the mental effects that the pain has on the injured party.

Mental Or Emotional Pain Or Anguish

Past and future mental or emotional pain or anguish, as mentioned above, is strictly the negative mental effects that the injury has on the injured party’s mind.  This could include the feelings an injured person has when they think they may never be able to walk again without a cane or limp.

Loss Of Consortium / Loss Of Companionship & Society

Loss of consortium / loss of companionship and society are the damages that the family of the injured party can recover from losing the benefits of the relationship from the injured party.  This claim piggybacks onto the underlying personal injury claim of the injured party, but is strictly the spouse’s or family member’s claim, not the injured party’s him/herself.

Disfigurement

Disfigurement damages is the compensation for the scarring and the lasting physical traces of the injury left behind on your body.  This includes scars, loss of limb or other body part, burns, and skin grafts.  The disfigurement can be from the primary injury or from the effects of the required medical intervention on the injured body part, such as scars from scalpel cuts or stitches.

Physical Impairment

Physical impairment is another type of non-economic damages recoverable in a personal injury case.  Physical impairment damages provide compensation to an injured party for the loss of the ability to do certain activities that the injury party had done prior to the accident, but now are performed with physical limitations.  Physical impairment damages is usually limited to those injured parties that have suffered a permanent injury.

Loss Of Enjoyment Of Life

Compensating the injured party for losing the ability to enjoy certain aspects of their life as a result of their injuries is the purpose of loss of enjoyment of life damages.  Not being able to take part in hobbies they once enjoyed or playing with their kids are some examples of situations where this type of damages are recoverable.

Punitive Damages

Think of gross negligence when you think of punitive damages.  Punitive damages are meant to punish the liable party for their bad behavior.  These damages are available to those injured parties that are the victims of the egregious acts of the liable party that caused their injuries.  Acts such as drunk driving or excessive speeding are some of the examples that may reach the level of gross negligence.

22 Tips on How to Maximize Your Compensation

Now that we know what damages are recoverable under the law, we can now discuss how to maximize your compensation in your personal injury case.

1. Get Medical Treatment Immediately

Getting medical treatment immediately after your accident is not only a smart way to avoid bigger problems down the road with your health, but also help with the value of your personal injury case.  Insurance companies and juries both will take your case more seriously if you seek immediate medical attention after an accident.  In most instances, going to the emergency room immediately after the accident will improve the value of your case.  Going by ambulance doesn’t hurt either.

Remember, don’t go to the emergency room just because you think it will help your case.  Faking your injuries is never a good strategy and will only hurt your case in the long run.  If you feel you need emergency medical treatment, then go to the emergency room.  Use your best judgment and common sense.

2. Overcome Unfavorable Liability Determination

If the insurance company has determined that you were partially or entirely at fault for an accident, it can severely limit your damages you can receive.

In Texas and Florida, if you are more than 50% at fault in an accident, you will be completely barred from recovering any of your damages.  This is called “Modified Comparative Negligence.”

In Arizona and California, the law is much more forgiving.  Even if you are 99% at fault you can, technically, still recover 1% of your damages.  However, the goal is to have the other party accept 100% of the fault, so that you can recover the maximum amount of your damages.

So, how do you overcome an unfavorable liability determination situation?  Well, here are some tips:

Hire a Car Accident Injury Lawyer

Car accident lawyers do not charge any fees up front and will always give you a free consultation.  It only makes sense to hire one if you are facing a liability challenge.  They have the education, training, and experience for situations just like this.  They are experts at persuading the insurance company to change their determination.  Let them work for you.

Argue Your Case with Evidence

Evidence such as witness statements, photos of the accident site or vehicle damage, security camera footage of the accident, and the police crash report are the best ways to argue your case to the insurance company.  The more favorable evidence you have, the better chance you will have to change their liability position.

Be Consistent with Facts

It’s very important you tell the truth to the police and to the insurance company and are consistent with how the accident occurred.  Any inconsistencies will kill your credibility and hurt your case.  I recommend you write down everything you can as soon possible using your notes application on your smartphone, so you don’t forget what happened.

Avoid Talking to the Insurance Company

If you haven’t hired a car accident lawyer, this tip may be difficult to follow.  However, under most circumstances NEVER give a recorded statement to the other party’s insurance company.  If your own insurance company asks for a statement, you are usually bound by the policy to cooperate, so you usually have no choice.

When you talk to the adjuster, they will do everything they can to trip you up.  If you haven’t hired a lawyer, be very prepared any time you talk to the insurance company, even if it’s your own.  Have notes in front of you of the facts of the accident and review them several times before you even call the insurance company.  Be very brief with your answers and avoid answering open ended questions beyond a “Yes,” or “No.” Don’t let your own words destroy your case.

3. Provide Evidence

Providing evidence will help in proving your case and help in dealing with the liability portion of your case.  As mentioned above, an adverse liability determination will kill the amount of compensation you can get from the insurance company.  Here are some of the evidentiary items you can gather for your case:

Get Your Crash Report

Start with making sure you get the police to fill out a crash report.  This will help document the case and the parties involved.  You’ll want to get this report as soon as possible.

For Arizona car crashes, you can purchase crash reports HERE for $5.

For California car crashes, you can purchase some crash reports HERE.

For Florida car crashes, you can download them HERE for $10 plus a $2 fee convenience fee.

For Texas car crashes, you can purchase crash reports HERE for $6.

Once you get the report, review it thoroughly.  Review the officer’s opinion on liability, if available.  Check to see if any citations were given.  If you were cited for the accident, not all is lost.  There are ways to overcome the traffic citation.

Generally, if one of the parties were cited for violating a traffic law that resulted in causing the accident, the insurance company will almost always determine that party to be at fault.  If you are the one cited for the accident, the best thing to do is consult a car accident lawyer.

Take Photos and Video

Use your smartphone camera to take photos and video footage of the vehicles involved, the road and the surrounding area, and traffic signals/signs.  You should also take pictures of your injuries, if visible.

Write Down Facts

Write down in your smartphone’s notes application as soon as possible how the accident happened and any other important facts, such as how the other party had a strong smell of alcohol when he/she approached you.

It’s important to do this as soon as possible to avoid any memory lapses.  Car accidents are stressful events.  Stress has a tendency of impairing our short-term and long-term memory.

Get Witnesses’ Names & Contact Information

Having an independent witness that saw the accident can save your case from an adverse liability determination.  If possible, make sure the police are aware of any witnesses and note their names and contact information, as well.

Get Security Camera Footage

Act immediately and try to get the security camera footage from nearby businesses that may have caught the accident on their cameras.  It’s important to act fast here.  Businesses typically don’t keep their footage for very long.

Getting security footage can be difficult to get on your own since most businesses don’t want to bother themselves with dealing with handing over their own security footage.

If your car accident concerned a major injury or death, DWI/DUI, or hit and run, the police should be seeking this footage for their investigation.  Ask them for a copy.

4. Do Not Give A Recorded Statement

NEVER give a recorded statement to the other party’s insurance company.  The adjuster will always try to destroy your case even if you were 100% innocent.  The statement isn’t a requirement, even if that’s what they may tell you.  Hire a car accident lawyer and have them handle it.

Insurance adjusters are trained to ask irrelevant questions and questions that are meant to trip you up.  If you give a statement, you can be certain they will try to use your words against you.  It’s better to be safe than sorry.  Avoid the statement altogether and hire a lawyer.

As discussed above, if your insurance is asking for a recorded statement, you’ll likely be required to give it, according to the terms of your policy.  But, even here, have an attorney handle it.  Don’t think your own insurance company is your friend.  Once you file a claim with your insurance company, the adversarial process begins.  Remember, insurance companies are profit-seeking businesses first.  They are not charities.  Therefore, they will do whatever they can to avoid paying on a claim.

5. Don’t Let The Adjuster Talk You Into A “nuisance” Offer Settlement

Insurance adjusters are trained to do their best to settle a claim as quickly as possible before an attorney gets involved.  They know that once an attorney gets involved, they will need to pay a whole lot more on the claim.  Their strategy is to entice the injured party with a quick, garbage settlement to get rid of them, or what’s known as a “nuisance” offer.  Don’t let the insurance adjuster do this to you.  Nuisance offers are typically a fraction of what your case is actually worth.  Be patient.  This is not the time to be hasty.

6. Negotiate The Value Of Your Property Damage

Although we’re talking about the injury portion of your case here, it’s important to get top dollar for your property damage, as well.  Don’t accept the first offer on your car, if it’s totaled.  Provide comparables to the insurance company from websites such as Kelley Blue Book, NADA, Autotrader, and CarGurus, within a 50 mile radius of where you live.  Make sure the comparables are the same make, model, year, condition, with the same or similar miles and options.  If you’re having difficulties finding comparables in your area, you can get an appraisal report from a certified auto appraiser, if that makes sense.

For more tips on handling your property damage, click HERE.

7. Ask For Loss Of Use Compensation

When the insurance company doesn’t provide you with a rental car for the time you are without a vehicle, you can ask them for “Loss of Use.”  Loss of Use is additional compensation you can get for being without a vehicle up until your vehicle is repaired or up until the insurance company makes an offer to settle your total loss.  They should pay the reasonable rental rate for every day you’re without a vehicle.

8. Ask For Diminished Value Compensation

Another type of compensation related to your property damage is “Diminished Value.”  This is another source of compensation that will add to your overall gross settlement from your accident.

Diminished value claims compensate you for the loss of value that occurs on a vehicle that has been in a wreck.  Even if a car is flawlessly repaired, there is always a stigma surrounding the quality of repairs, and its reliability and safety.

Proving the difference in value might be better left to the experts. So, it’s probably best to get an appraisal report from a certified auto appraiser.

The best candidates for this claim are newer vehicles that haven’t been in any prior accidents and the repair costs are at least $1,500 or more.

9. Get Reimbursed For Out-of-pocket Property Damage Expenses

Vehicle accidents have many costs that you may need to pay for out-of-pocket, including vehicle towing and storage expenses, rental car expenses, and taxi or rideshare expenses.

If you do not have coverage on your own insurance policy for a rental car or towing, you’ll need to submit these expenses as soon as possible to the other party’s insurance company for reimbursement.

Important: Never let your car sit in storage too long while the other party’s insurance company does their investigation on liability.  You have a duty to mitigate your damages.  In other words, you can’t sit and let unnecessary expenses accrue and expect the other party’s insurance company to pay.  Be proactive.  Have your car moved to the insurance company’s storage lot or to a location where it’ll be safe and doesn’t accrue any unnecessary expenses.

10. Hire A Car Accident Lawyer Immediately

As personal injury lawyers, this tip may sound a bit self-interested.  But the fact is insurance company’s almost always pay more on a claim when a lawyer is involved.  There are studies that have been done that back this up.  Two studies conducted by the Insurance Research Counsel found that claimants received 40% higher settlements when represented by an attorney.

When you have a lawyer representing you, you don’t run the risk of saying anything to the insurance company that may harm your case.  Car accident lawyers are very experienced in discussing claims with insurance adjusters, knowing how the insurance claims process works, and knowing the law.

Typically, there will be an adjuster change when a lawyer takes over your case.  Some insurance companies assign their more experienced adjusters to lawyer represented claims.  Often times, these more experienced adjusters will have greater settlement authority.  This means a greater chance that your claim will be settled for a larger dollar amount.

11. Don’t Settle Your Case Until You Are Done With All Medical Treatment

Make sure you have been completely released from all treatment before you think about settling your case.  Once you settle your case, you cannot go back and ask the insurance company for more money to cover your bills.  You doctors will know whether you’ve reached the maximum medical improvement to be released from treatment.

To consider your potential future medical expenses for your injuries, make sure your doctor provides you with an estimate of the future medical expenses that you will have as a result of your injury.  This includes future surgeries, physical therapy, chiropractic treatment, orthopedic devices, medication, and any other medical expenses that may be incurred in the future.  Providing proof of future medical bills will help to increase the value of your personal injury case.

12. Know The Statute Of Limitations

That statute of limitations is the time limit you have to sue or settle your case.  Every state has its own rules on time limits to sue.  If you wait too long to settle your case or file a lawsuit, you can lose all your rights completely.  Make sure you’re aware of your state’s statute of limitations on negligence cases.

In Arizona, the statute of limitations to file a lawsuit or settle a case, against the negligent party, is two years from the date of the accident. In uninsured or underinsured motorist cases against your own insurance company, you generally have three years to settle or file a lawsuit.

In California, the statute of limitations to file a lawsuit or settle a case, against the negligent party, for bodily injury is two years from the date of the accident and three years for property damage. In uninsured motorist cases against your own insurance company, you have two years settle or file a lawsuit. In underinsured motorist cases, it’s a bit more complex.

In Florida, you have two years to file a lawsuit or settle your case, if your case is against the negligent party.  If your claim is against your own insurance company, you generally have five years to file a lawsuit or settle.

In Texas, the statute of limitations to file a lawsuit or settle a case, against the negligent party, is two years from the date of the accident.  If you are suing your own insurance company for failure to pay uninsured or underinsured benefits, things are a bit more complex.  Since there are many claims that can be made against your own insurance company, the statutes of limitation vary.  Breach of contract is one claim that can be brought against your own insurance company and the time you have to file a lawsuit is four years from the date of accident.  Other claims that can be made have a statute of limitations as little as two years. So, it’s important to seek the advice of an attorney if you are uncertain as to the time limit you have to sue.

13. Know How Health Insurance / Medicaid / Medicare Affects Your Case

If your health insurance, Medicaid, or Medicare paid your medical bills, that can reduce your overall damages and reduce the value of your case, depending on the law in your state.

In Arizona, if your health insurance or AHCCCS / Medicare pays your medical bills, the insurance can’t reduce the amount of your damages by what was actually paid.

In California, the insurance company may be able to reduce the amount of your damages if your health insurance or Medi-Cal / Medicare paid or reduced the amount of your unpaid bills.

In Texas, according to Texas Civil Practice and Remedies Code Section 41.015 and the Texas Supreme Court case Haygood v. DeEscabedo, your medical bills damages are limited to the amount that is actually paid or incurred.  This means that if your health insurance or Medicaid/Medicare paid a fraction of the billed amount for your medical expenses in full satisfaction of the bill, you can only claim the amount that was actually paid as your damages.

In Florida, health insurance / Medicaid / Medicare payments made to your healthcare providers can affect your settlement amount. Section 768.76, Florida Statutes, states that a court shall reduce the amount of an award by the amount paid by a “collateral source” (i.e., health insurance company).  The effect this has on your claim is that the insurance company may reduce your medical expenses damages down from the billed amount to the amount paid by your health insurance company.  In addition, this reduction includes the contractual amounts that are written off by the medical provider.  If Medicaid or Medicare pays your medical bills, it can lower the amount of your damages.

In Florida, if your Personal Injury Protection paid some of your medical bills, there will be an offset and your recovery will be reduced by that amount.

When health insurance / Medicaid / Medicare is used it can lower the economic damages portion of your case.  This area of the law can get quite complicated.  So, it’s best to get a consultation from a lawyer to ask questions regarding how health insurance / Medicaid / Medicare payments affect your case.

14. Make Sure Liability Is Clear

If the insurance company pays for all your car’s damages, then it’s likely they have accepted full liability on the claim.  But, if they are claiming you were partially or fully at fault and pushing back on paying your damages, you’ll need to use the tips discussed in tip #2 above.

If you are not represented by a lawyer, try to ask for their position on liability.  Avoid any discussion beyond getting their response to this question.  If they are fighting liability, it’s best to call a lawyer.

15. Make Sure There Are No Coverage Issues

If the at-fault party was an excluded or unauthorized driver or their policy had expired, you may be facing a denial based on coverage issues.  If the at-fault party will not respond to his/her insurance company during their liability investigation, the insurance company may handle the claim under a “reservation of rights,” meaning they are neither accepting nor rejecting liability due to their insured’s failure to cooperate as per the policy language.  Handling these issues on your own can be difficult.  At this point, it’s best to seek the advice of a personal injury lawyer.

16. Get Consistent Medical Treatment

Getting consistent medical treatment shows the insurance company that your injuries are legitimate, and you aren’t exaggerating your injuries.  Think of it from the adjuster’s perspective—if a person is really injured and in pain, they will do anything they can to get better.  Missing doctor’s appointments and getting no medical treatment only proves their point—that you’re not as injured as you say you are.

Gaps in medical treatment are one of the best ways to kill your case’s value.

17. File A Claim With Your Own Insurance Company

If you are involved in a vehicle accident with someone that is uninsured or doesn’t have enough insurance to cover your damages, you will need to set up a claim with your own insurance company.  Uninsured / underinsured motorist coverage is additional insurance coverage and not all people purchase it.  However, it is so inexpensive that it never makes sense to reject this coverage.  If you have it, it will cover your injuries up to the amount of your coverage.

In Texas, you can buy additional coverage called “Personal Injury Protection” (PIP), which I recommend everyone gets.  It covers reasonable medical expenses, 80% of your lost wages, and reimbursement for household services for those that are injured in a vehicle accident.

What’s also great about uninsured / underinsured and PIP coverage is that they cover you and your family even if you’re injured as a pedestrian or bicyclist.

FYI—Personal Injury Protection (PIP) in Florida is a different animal than it is in Texas and other “tort states.” Florida is a “no-fault” state and every driver is required to carry PIP coverage.  Bodily injury coverage is not mandatory in Florida.  You go through your PIP coverage first for your medical bills and 60% of your lost wages.  If the liable party does not have any bodily injury coverage or does not have coverage, you can go through your own uninsured / underinsured motorist coverage for compensation.

18. Show An Objective Injury

Claiming you have only aches and pains can only get you so far in a personal injury case and will severely limit the potential compensation in your case.  The pain and suffering portion of your case will likely be minimal in soft tissue injury cases (e.g., whiplash), without proof of an objective injury.  So, what is an “objective injury”?  Well, let’s first discuss what an objective injury isn’t.  It isn’t an injury where the only evidence of its existence is your own subjective complaints.  Saying your back pain is a 10 out of 10 doesn’t help much because you and I both know you can be exaggerating your injury.  Of course, people are often honest when discussing their pain with others, especially with their doctors, but even the 1% chance that they’re not being 100% honest, casts a shadow of doubt on the legitimacy of their injuries.  An objective injury is one that can be corroborated by extrinsic facts.  A great example of an objective injury is an MRI showing a herniated disc in the lumbar spine, which impinges on the nerve root causing pain, numbness, and tingling.  The showing of this objective injury with diagnostic testing, such as an MRI, corroborates the complaints of the injured party and the injury.  Showing an objective injury is important and can increase the value of your case.

19. Prove A Permanent Injury

Permanent injuries are those injuries that have lasting effects on the injured party for the rest of their life.  We’re not talking about sprains and bruises here.  Permanent injuries are more serious, such as a herniated disc (in some cases), paralysis, traumatic brain injury, or loss of a limb.

You can prove a permanent injury by providing the insurance company the medical records from your doctor showing that your injury is permanent.

In Florida, proving a permanent injury is important in motor vehicle accidents in order to receive pain and suffering damages and other non-economic damages.  Section 627.737, Florida Statutes states that in order to recover pain, suffering, mental anguish, and inconvenience because of bodily injury caused from a motor vehicle accident, the injury must consist of:

1. Significant and permanent loss of an important bodily function.
2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
3. Significant and permanent scarring or disfigurement.
4. Death.

20. Increase Your Pain And Suffering Compensation

Increasing the pain and suffering and non-economic damages portion of your injury claim is a great way to increase the overall value of your case.  As mentioned in tip #18, providing the insurance company with objective evidence of your injury will help establish that your claim justifies pain and suffering compensation, especially if diagnostic testing (e.g., MRI, x-ray, etc.) demonstrates evidence of an injury which typically causes pain.

Another way to increase the pain and suffering and non-economic damages portion of your injury claim is to articulate to your treating doctors how the pain is affecting your daily life.  Good examples of this would be telling your doctor if you are unable to sleep properly, exercise, or play with your children.  The doctor will then document this in their notes.  You can later provide these records to the insurance company during your negotiations.

21. File A Lawsuit

Sometimes if you are unable to reach a reasonable settlement offer with the insurance company, you may need to file a lawsuit.  Depending on the insurance company, you will likely get a better offer once you file a lawsuit and you serve the defendant with notice of the lawsuit.  Typically, filing a lawsuit will motivate the insurance company to increase their offer to settle for two main reasons: (1) It places more financial risk on the claim; and (2) they may need to hire outside counsel to defend them or their insured, which costs them money.

If you’ve reached the insurance company’s “top offer” and they are undervaluing your claim, it may be in your best interest to file a lawsuit.  However, this is a part of your case I highly advise you let an experienced attorney handle.  Lawsuits can get extremely tricky fast.

22. Reduce Your Medical Bills And Liens

Reducing your medical bills and liens is a complimentary part of the services a personal injury attorney offers when he/she is handling your case.  A good personal injury lawyer will do their best to negotiate all your medical bills and liens.  The more your medical bills are cut, the greater the amount of cash from your settlement you can keep in your pocket.

If you’re handling your own case, make sure you attempt to reduce all your outstanding medical bills, including claims of reimbursement / subrogation from your health insurance / Medicaid / Medicare.  You can write a letter telling them you are unable to pay their bill in full and need a reduction in order to settle your case.

Accidents happen every hour around Texas. Those unlucky enough to come into contact with a drunk driver may have even more reason to be frustrated and concerned about what to do next. The tips and answers to frequently asked questions below will help to put you on the right track after you’re hit by a drunk driver in Texas.

Seek Immediate Medical Attention

One of the first things you should do is seek immediate medical attention. Go to the emergency room, urgent care, or see a doctor you trust and explain your concerns or where you are experiencing pain. Some injuries don’t always show up immediately due to adrenaline from the accident’s aftermath or other reasons.

It is imperative to get checked out and ensure you handle your treatment as directed. Delaying your medical treatment can have devastating effects on your health and your case.

Not only is seeking medical treatment as quickly as possible crucial to your health but it’s also crucial to your case. You have a duty to mitigate your damages, meaning you can’t just sit back and let your damages get worse and expect the defendant to pay for them. So, delaying medical treatment can negatively affect your case.

Get Your Crash Report

The easiest way to get your crash report is to download it online here. A crash report has many details you need to start working on your case, including identities of parties involved (e.g., the at-fault, drunk driver), whether the drunk driver was actually cited for driving while intoxicated, name of their insurance company and policy number. Having this information will be crucial in setting up a claim with the drunk driver’s insurance company.

Gather Evidence

In addition to getting your crash report, you should do your best to gather any evidence you can get. This includes:

1. Identify Witnesses: It’s a good idea to make sure you identify any witnesses that saw the crash. Take down their name and number and when the police arrive let them know of any witnesses that you’ve identified.
2. Security Camera Footage: Check whether there was any security camera footage of the accident. Many businesses and homes now have security cameras that may have caught some footage of the accident. It’s a good idea to survey the area and ask the businesses and homeowners around the area if they caught any footage. If so, see if they’ll let you have a copy of it. If not, see if they’ll let you record it from your smartphone.
3. Take Pictures: Taking photos of the road, vehicles involved, the road, and your injuries is very important since many times we forget details due to all the adrenaline running through your body after a stressful event like a car accident. Don’t rely on your memory.

Open a Claim with the Drunk Driver’s Insurance Company

You’ll want to open a claim with the drunk driver’s insurance company as soon as possible. Just be careful what you tell them when you’re telling them what happened. Stick to the facts and remember you don’t need to know everything to open a claim.

The insurance representative will ask many questions for which you may not have an answer. Don’t worry about it. I would just be careful in volunteering information that may not be crucial to opening a claim. I’d also deny them getting a recorded statement from you. There’s no requirement that you do one. So, don’t feel urged to do so. If they are waiting on your recorded statement to determine liability, I would consult with a drunk driver car accident lawyer before you do so to make sure you don’t say anything that may hurt your case.

Keep Records of Everything

It may seem straightforward to some, but it is worth noting to document everything. Each doctor’s appointment, medical recommendation, prescription, and any notes on your medical file are essential to have on hand.

If referrals are necessary, keep track of these and the findings from any additional tests that were done such as an CT scan or MRI. It can be helpful to keep a journal of your pain levels and how the injuries are healing (with photos) as you progress on your healing journey. Recalling information after it has occurred can be difficult. Keeping a short daily journal of how you feel can help you to stay current and accurate in your details.

Keep Track of Your Lost Wages and Other Losses

As you continue to see doctors or physical therapists for your injuries, you may need to miss work often to do so. Keep track of the time you have missed and calculate how much you have missed out on based on what you earn per hour.

Transportation costs back and forth or travels to specialists can also be recorded. Keep receipts for gas and other expenses while traveling to necessary appointments.

Speak with a Drunk Driver Car Accident Lawyer

Most, if not all, car accident lawyers offer free consultations. So, why not get some free advice? Even if you aren’t planning to hire one, it’s always a good idea to get an expert’s opinion on your case.

Drunk Driving Accidents Frequently Asked Questions

Below are answers to some frequently asked questions if you’re hit by a drunk driver in Texas.

What Damages Am I Entitled to When Hit by a Drunk Driver?

If you’re injured as a result of a drunk driving accident that isn’t your fault, you may be entitled to:

Medical Expenses

You can recover all medical expenses in the past and future that are paid or outstanding for the injuries you suffered in the accident. This includes hospital bills, health insurance co-pays, and medication expenses.

Lost Wages

If you missed time from work from your injuries, you are entitled to recover your lost wages in the past as well as lost earning capacity that you may have in the future as a result of your injuries.

Physical Pain & Suffering

The physical pain and suffering you’ve suffered from your injuries is recoverable against the drunk driver. Although difficult to calculate, this is many times the largest part of any settlement or verdict. Of course, the more severe your injuries, the more pain & suffering compensation you’ll likely be entitled.

Mental/Emotional Distress

The mental and emotional distress you suffer from your injuries is another type of damages that is recoverable in a drunk driver car accident case. Just as in physical pain & suffering compensation, mental and emotional distress is difficult to assign a dollar figure to. But just as physical pain & suffering, the more severely you’re injured, the more you’re likely to recover in mental/emotional distress compensation.

Disfigurement

If you are left with scars from your injuries, you are certainly entitled to be compensated. The seriousness of the scar, the location of the scar, and who you are will all go into determining how much disfigurement compensation you may be entitled to. If the scar is somewhere that’s usually hidden or you’re a male that does not rely on your appearance for income, disfigurement compensation may not be substantial. But if you’re a female that has a scar on your face or other apparent location or you are in the entertainment business and rely on your appearance to make a living, your compensation here can be substantial.

Impairment

Being left with a limp or some other form of permanent physical impairment can significantly increase the overall value of your case. Impairment damages compensates an injured victim for the loss of bodily function that occurred as a result of someone else’s negligence.

Loss of Consortium

A spouse or child can recover for the loss of relationship that can occur when someone is severely injured in a drunk driving accident. This form of compensation is only for the spouse or child of the injured party.

Punitive Damages

Punitive damages are awarded in a personal injury case to act as punishment to the at-fault party for being more than just ordinarily negligent. They are used to punish grossly negligent or reckless behavior when it results in injuring another party. Punitive damages are often awarded in drunk driving cases since the level of negligence often rises beyond just regular negligence in these types of cases. The law views this type of behavior as egregious, punishable by additional damages.

Property Damage

Damage to your car or the contents of your vehicle are recoverable against the drunk driver. This includes repairing your damaged vehicle, replacing your totaled vehicle, recovering diminished value for damage to your vehicle, and loss of use for the time you were without your vehicle.

Other Damages That May Be Awarded

If a loved one lost their life due to the accident, there could be more damages that you could pursue, such as funeral expenses. The loss of future wages due to their untimely death may also be an option to pursue.

Can I Sue a Drunk Driver in Texas?

Definitely, yes! You can not only sue them for negligence but also “gross negligence,” a more extreme form of negligence that can entitle you to additional compensation for your injuries and damages.

Can I Sue My Own Insurance Company If the Drunk Driver is Uninsured/Underinsured?

Yes, you can. If the drunk driver was uninsured or didn’t have enough insurance to compensate you for your injuries, you can go through your own uninsured or underinsured motorist coverage to recover your damages. As for recovering ALL the damages you can recover directly from the drunk driver who caused the accident, that may be different. It is likely, based on at least a couple Texas court cases, that punitive damages are not recoverable against your own uninsured or underinsured policy.

What is the Average Settlement for a Drunk Driving Accident in Texas?

As with all personal injury cases, calculating an average settlement may be difficult since there are many factors involved. However, we know from data gathered by the Insurance Information Institute that the average auto insurance loss was $24,211 for bodily injury and $5,992 for property damage.

How does this help us figure out what an average can be for a drunk driving accident settlement? It can help illustrate what a typical car accident case settles for. And we know drunk driving accident cases can be worth more since you may be entitled to additional damages (punitive damages). So, it may provide a baseline to start your calculations.

To get a better idea of what these types of cases are worth let’s look at some actual Texas settlements and jury verdicts where the defendant was a drunk driver:

Plaintiff v. Farm Bureau Insurance

• Facts: Plaintiff was hit by defendant, a drunk driver, at a high rate of speed on I-35 near San Marcos, Texas. Plaintiff’s vehicle rolled over several times. The defendant only had a $30,000 minimum policy, which was already tendered and the plaintiff was seeking underinsured motorist benefits from his own insurance company, Farm Bureau.
• Injuries: Abdominal contusions, fractures ribs, traumatic brain injury, concussion, and 3 mm disc herniation.
• Medical Treatment: Ambulance ride to the emergency room from the scene of the accident, chiropractic treatment, physical therapy, epidural steroid injections, and consultation with a neurologist.
• Medical Bills: $47,844.
• Settlement: $270,000. This was the total of the underinsured policy of $300,000. This was a Missouri policy where underinsured benefits are not “stacked” on top of the defendant’s liability limits as they are in Texas.

Plaintiff v. Progressive/Travelers Insured

• Facts: Plaintiff was struck by defendant, a drunk driver, while attempting to make a high-speed turn as he was fleeing from another crash he had just been involved in Houston, Texas.
• Injuries: Disc bulges in neck and back, anxiety, and radiculopathy in both shoulders.
• Medical Treatment: Chiropractic treatment and epidural steroid injections.
• Medical Bills: $200,337.
• Settlement: $500,055.

Plaintiff v. State Farm Insurance

• Facts: Defendant, an uninsured drunk driver, rear ended plaintiff, which then pushed plaintiff into the vehicle in front of him in Houston, Texas. Plaintiff then sought uninsured motorist benefits from his insurance company, State Farm.
• Injuries: Disc herniations in his back and neck, annular tears, headaches, spinal stenosis, and aggravation to a preexisting condition.
• Medical Treatment: Ambulance ride to the emergency room from the scene of the accident and chiropractic treatment.
• Verdict: $122,675.

Plaintiffs v. Allstate Insurance

• Facts: Plaintiffs, husband and wife, were driving straight when defendant, a drunk driver, turn left in front of them, causing the collision. Defendant only had a $30,000 insurance policy, which was tendered. Plaintiffs then sought underinsured motorist benefits from their carrier, Allstate.
• Injuries: Both suffered from neck, back, shoulder, and arm injuries. Specifically, herniated discs in both their necks and backs and a partial shoulder tear.
• Medical Treatment: Both were taken to the emergency room by ambulance from the scene of the accident. Then treated with a chiropractor followed by pain management. Both underwent epidural steroid injections.
• Medical Bills: $45,827 and $71,043.
• Verdict: $72,916 and $105,441.

Will the Drunk Driver’s Insurance Company Cover All My Damages?

They should cover all your damages recoverable in any other auto accident case. However, they may pushed back in regards to punitive damages. Some insurance policies specifically exclude covering punitive damages. But the best thing to do, if you hear this from the drunk driver’s insurance company, is to get the advice of a car accident attorney that is experienced in handling drunk driving car accident cases.

Is it Automatically the Drunk Driver’s Fault?

Not always. You still have to prove the drunk driver was negligent, like in any other case. Here’s an example to illustrate: Let’s say there’s a severely drunk driver stopped in his vehicle at a red light. The driver behind him isn’t paying attention to the traffic in front of him and rear ends the drunk driver’s vehicle as he approaches the red light. Is the drunk driver negligent? No! Just because he was drunk doesn’t mean he was negligent and automatically at fault.

What If I’m Hit by a Drunk Driver with No Insurance?

If you have uninsured motorist coverage, you can recover damages from your own insurance company. Now, recovering punitive damages from your own insurance company, may be a different story (see above).

Does the Drunk Driver Have to Be Convicted?

No, but it helps. A conviction means that negligence will be presumed under a legal doctrine called “Negligence Per Se.” This will make your case easier to prove in court. If the drunk driver isn’t convicted, evidence of intoxication can still come in to evidence and be damaging to their defense.

How Does an Accident with a Drunk Driver Differ From an Accident With a Driver Who is Not Under the Influence?

Establishing fault is the first and most crucial step to determining your chances of obtaining compensation for damages. In most cases, proving fault requires a review of the accident site, accident recreation, proving distracted driving, or other information. As mentioned above, if the other driver was under the influence, this helps to prove their negligence.

Typical damages, such as costs for medical bills or repairs to your vehicle, are expected in almost any accident if you can prove the other driver’s fault. As we discussed, punitive damages may also be awarded if it is established that the other driver was under the influence. They can result in a significant amount of damages awarded in addition to other damages that may be awarded.

Who Else May Be Liable in a Drunk Driving Accident?

In some cases, you or your loved ones can pursue damages through the establishment that overserved the drunk driver. Each accident can be reviewed on a case-by-case basis with an experienced attorney.

You may be also able to recover from a business if the drunk driver was within the course and scope of his/her employment at the time of the accident.

In addition, according to Texas Alcoholic Beverage Code §2.02, you may be able to recover from a homeowner or lessee of residential property if an intoxicated minor caused your accident and the homeowner or lessee of residential property was at least 21 years of age or older and is not the minor’s parent, guardian, or spouse; or an adult that has custody of the minor; and the adult knowingly served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.

Any More Questions About Your Texas Drunk Driver Car Accident?

If you have anymore questions regarding your Texas drunk driving car accident case, give us a call at (855) 545-1777. We’d be glad to help! We offer FREE, no obligation consultations.

How is Pain and Suffering Calculated in Texas: An Overview

How is pain and suffering calculated in Texas? How pain and suffering is calculated in a personal injury case will depend on where you are in the timeline of your case.  The approach to calculating pain and suffering before a trial and at trial by the jury are not the same.

Insurance companies typically use claims software to calculate pain and suffering. On the other hand, a jury does not use any special formulas, but only their own best judgment based on the evidence presented to them.

However, keep in mind that there are many steps that are required before you go to court for a trial.  Many personal injury cases settle even before a lawsuit is filed and most settle before trial.  Before a trial you may be negotiating with the insurance company to reach a reasonable settlement amount.

Alternatively, if your case goes to trial, your attorney may be arguing your case before a jury or judge.  We will discuss how pain and suffering is calculated in both situations, how you can maximize your pain and suffering in both instances, how you can prove pain and suffering in court, and look at some real-world Texas settlements and jury verdicts for examples.  But first we need to define some terms to better understand Texas pain and suffering law.

What Are Damages?

Before we can get into calculating pain and suffering, we need to learn some key legal concepts.  In any personal injury case based in “negligence,” you need to prove “damages.”

“Damages” are the actual harm or injury as a result of the responsible party’s carelessness.

These are not presumed in cases where you are claiming someone else’s negligence caused your injuries.  You need to prove them with evidence, such as with medical bills.  “Compensatory damages” are those that are meant to compensate you for your losses, intending to place you back where you were prior to the accident.

In Texas, there are two types of compensatory damages: Special Damages (economic damages) and General Damages (non-economic damages).

What Are Special Damages?

Special damages, also known as economic damages, are those that can be easily quantifiable.  These damages can be proven by medical bills, pay-stubs, or some other evidence showing out-of-pocket expenses that flowed from the injury.

These damages are intended to compensate the claimant for monetary losses that were suffered.  Special damages include past and future medical expenses, past lost wages, and future loss of earnings.

What Are General Damages?

General damages are damages that are not so easy to quantify.  They are also meant to compensate the claimant for losses, but for those that are not quantified specifically in a dollar value.  Texas Civil Practice and Remedies Code Section 41.001(12) specifically lists what are considered general damages, including:

• Physical pain and suffering;
• Mental or emotional pain or anguish;
• Loss of consortium;
• Disfigurement;
• Physical impairment;
• Loss of companionship and society;
• Inconvenience;
• Loss of enjoyment of life;
• Injury to reputation; and
• All other nonpecuniary losses of any kind other than exemplary damages.

What is “Pain & Suffering”?

Now that we know how pain and suffering is categorized under the law, what exactly is pain and suffering, anyhow?  Pain and suffering damages are awarded for the purpose of compensating a claimant for the physical pain that he/she endures as a result of an injury.  This is distinguished from the mental aspects of an injury, known as “mental or emotional pain or anguish.”

Pain and suffering strictly concerns the actual physical pain that an injured party feels from a physical injury.  Although pain and suffering and mental or emotional pain or anguish are two distinct types of damages, they are often lumped together when submitted to the jury.

However, there are many Texas cases that recognize that these are two distinct elements of a plaintiff’s damages. (See Daniels v. Univ. of Tex. Health Science Center of Tyler, No. 12-03-00399-CV, 2005 WL 1642969, at *2 (Tex. App.—Tyler July 13, 2005, no pet.)(mem. op.).  Texas law allows recovery for physical pain and suffering in the past and future (See A.T. & S.F. Ry. Co. v. O’Merry, 727 S.W.2d 596, 599-600 (Tex. App. Houston [1^st Dist.] 1987, no writ).

As you guessed, quantifying someone’s pain in dollars is difficult.  Texas courts have stated that there is no definite way to measure pain and suffering in terms of money but that the jury should arrive at some fair compensation based on its “common knowledge and sense of justice.” Hernandez v. Baucum, 344 S.W.2d 498, 500 (Tex. Civ. App. 1961).  Below, we will discuss how pain and suffering are calculated both pre-trial and during trial.

Calculating Pain & Suffering Pre-Trial (Claims Software)

Before a trial, either before or after a lawsuit is filed, you will usually be negotiating your case with the insurance company.  The claims adjuster will be valuing your case based on a variety of factors.

Typically, the large insurance companies use claims software programs such as Colossus, Mitchell Claim IQ, and Claims Outcome Advisor (COA) to calculate settlement offers, especially on soft tissue injury cases (e.g., whiplash, sprains, and strains).  They’ll enter in medical billing codes, injury codes, and several other factors to arrive at a settlement range.

Typically, these soft-tissue injury cases are handled by low-level adjusters and these adjusters are prohibited from offering anything outside the claims software settlement range, unless you can present “new” information to them. Insurance companies use this software at a varying degree with some heavily relying on the settlement ranges that are provided, such as Allstate.  With more serious injuries, the reliance on this software is not as significant.

As discussed above, pain and suffering is part of what are called “general damages” and are considered within the software’s algorithm.  The nature of the injury and treatment will have a large effect on the amount of pain and suffering and total general damages that is given in any case.  Muscle sprains and strains will yield little pain and suffering compensation.

In many cases, the insurance company will offer a nominal amount, such as $2,500 to $5,000, on top of the total special damages (e.g., medical expenses and lost wages) to settle a soft tissue injury case.  More serious injuries such as herniated discs with nerve impingement and radicular symptoms will provide more substantial pain and suffering compensation, as will those cases with fractured bones.

In addition, medical bills are typically audited by the insurance company using software such as Mitchell Decision Point or using an arbitrary factor, such as two times the Medicare rate.  With chopping your outstanding medical expenses and placing only a minimal value on general damages, the insurance company has effectively undervalued your injury claim.

The bottom line is the use of claims software severely undervalues injury claims.  They do not accurately assess how much a judge or jury would award for pain and suffering in a case.  You can see below in the verdict examples that the insurance companies overwhelmingly offer well below what a jury ultimately awards.

For reference, the following is a list of insurance companies that use Colossus, Mitchell Claim IQ, and Claims Outcome Advisor.

Colossus:

• AAA
• ACE INA
• Allstate
• American Family
• American National
• Atlantic Mutual
• California State Auto
• CNA
• Farmers
• Grange
• Great American
• Hartford
• HDI
• Horace Mann
• ICW
• MetLife
• Motorists Insurance Group
• Nationwide
• Ohio Casualty
• Safeco
• State Auto
• Travelers
• Utica
• USAA
• Westfield
• White Mountain
• Winterhur Swiss

Mitchell Claim IQ:

• Allianz
• Fireman’s Fund
• GEICO

Claims Outcome Advisor (COA):

• Automobile Club of CA
• Liberty Mutual
• Progressive

Calculating Pain & Suffering at Trial (Judge or Jury)

During trial, evidence is presented by the plaintiff’s attorney to the judge and jury. The question is then presented to the jury to assign a sum of money that would fairly and reasonably compensate the plaintiff for the physical pain and mental anguish sustained in the past and future.

The jury uses their best judgment based on the evidence presented to them throughout the trial.  They will evaluate the testimony of the plaintiff and other witnesses testifying as to their pain and suffering; medical records highlighting pain symptoms relayed to the healthcare providers; diagnostic testing such as an MRI, demonstrating an objective injury; and any other evidence that would substantiate the plaintiff’s pain and suffering claim.

Factors That Maximize Pain & Suffering Compensation

1. Injury Severity

The more severe your injury, the more pain and suffering compensation you will likely receive.  The fact is, insurance companies and juries alike will almost always award more for a broken bone than whiplash.

2. Permanent Injury

Just as the more severe your injury is, the more your pain and suffering compensation you will likely receive, the same is true for the permanency of your injury.  Injuries that heal within weeks are not worth as much as those injuries that may take months, years, or may never completely heal.

A permanent injury is also a consideration for “physical impairment” damages, an additional type of general damages.  Physical impairment damages provide compensation to the injured party for no longer engaging in or enjoying activities that he or she was able to do before the injury.  Most of the time you’ll need a permanent injury to recover physical impairment damages.

3. Witness Testimony

Witness testimony from you, your physician, family, friends, neighbors, co-workers, and supervisors is extremely helpful in demonstrating your pain and suffering.  Texas courts have said that the plaintiff’s testimony may be used to prove his/her pain and suffering damages.

However, keep in mind that testimony of only subjective complaints based on the plaintiff’s personal reports of pain to doctors, supervisors, and family members alone may not be enough.

4. Proof Of An Objective Injury

Proof of an objective injury (e.g., broken bones, herniated disc), measured by diagnostic testing, such as X-rays, CAT scans, or MRIs, is crucial in any personal injury case and will most likely increase your pain and suffering compensation.  Photographs of scars, cuts, bruises, orthopedic devices, or surgical hardware (e.g., screws, plates, pins) will also provide proof that an objective injury exists.

5. Immediate Medical Treatment

Cases where the claimant immediately goes to the hospital after the accident are usually worth more overall.  The closer in time to the injury and the medical treatment, the better.

6. Consistent Medical Treatment

Just as immediate medical treatment, consistent medical treatment is just as important.  The value of your pain and suffering and your overall case will be less if you have gaps in treatment.  If you do have gaps in treatment, you must provide a good excuse for the gap, such as a pre-planned vacation or death in the family.

7. Claims Software Buzzwords

Although you may have no say how your medical records are drafted and compiled, you can still have an impact on what is written in them.  Be as specific and candid as possible in describing your injuries to your doctor.  Don’t hold back.

Medical records that thoroughly detail your injuries with specificity stating particular buzzwords, such as “muscle spasms,” “restriction on movement,” “radiating pain,” “anxiety,” “depression,” “headaches,” “visual disturbances,” or “dizziness,” provide the insurance company’s claim software with a reason to increase your pain and suffering compensation.

How Do I Prove I Have Pain & Suffering in Court?

Texas courts have said that the plaintiff may prove his pain and suffering by his testimony describing the symptoms and showing his injury to the jury. Loughry v. Hodges, 215 S.W.2d 669, 674 (Tex. Civ. App.­ Fort Worth 1948, writ ref’d n.r.e.).

Although a plaintiff’s testimony is sufficient, it isn’t necessarily the only thing that will convince a jury to award pain and suffering damages.  Statements given to physicians during treatment are also helpful as are medical records that substantiate a plaintiff’s pain and suffering.

Testimony of those close to the plaintiff may also assist in proving pain and suffering.  This may include testimony from family, friends, neighbors, co-workers, or supervisors.  In addition, photos of the injury or demonstrative evidence such as orthopedic devices (e.g., neck braces), or surgical hardware (e.g., screws, plates, pins) may be shown to the jury.

It should be noted that without objective evidence of pain (e.g., MRI demonstrating nerve impingement), there is a chance a plaintiff may get nothing for pain and suffering from the jury.  According to the court in Hernandez v. Baucum, a jury may award zero damages when the pain is almost entirely subjective, based on the plaintiff’s personal reports of pain to doctors, supervisors and family members.  This is why it’s important to have additional evidence of pain.

Two Common Methods for Calculating Pain & Suffering

Throughout your search online you will most likely find two common and flawed ways pain and suffering may be calculated: the “Multiplier” and the “Per Diem” methods.

Multiplier Method

The Multiplier Method calculates pain and suffering by multiplying the injured party’s total medical bills and lost wages, also known as “Special Damages,” by some multiplier, such as 1.5 – 5. With 1.5 being the least minor injury and 5 being the most severe injury. This figure is then added to the Special Damages total.

For example, if Paula Plaintiff has $5,000 in medical bills, $1,000 in lost wages, and she received minor sprains and strains in the car accident that was caused by Dexter Defendant, we may assign a 1.5 times Special Damages as her pain and suffering multiplier, or $9,000 ($6,000 x 1.5).  So, using the Multiplier Method, Paula’s pain and suffering would equal $9,000 and her total case value would be $15,000.

Per Diem Method

The Per Diem method is another method used to calculate pain and suffering in a car accident injury settlement.  The number of months, days, or hours are multiplied by a certain dollar figure that is either equal to the amount of pay the injured party receives in their job for that specific time period or some other arbitrary number.

For example, if Paula Plaintiff suffered pain for 200 days from the accident and made $200 per day as a construction worker, the pain and suffering calculation would equal $40,000.  The idea behind using a daily salary rate calculation as the daily rate of pain and suffering is that it could be thought that the pain associated with an injury is comparable to the effort of working a job.

Although the Texas court in Hernandez v. Baucum, 344 S.W.2d 498, 500 (Tex. Civ. App. 1961) ruled that it was a “fair argument and a rational approach for pain the way it was endured, month by month, and year by year,” in proposing a pain and suffering calculation to the jury at trial, it is not an accurate estimate of what the value of pain and suffering will be assigned in a car accident settlement.

The large misconception about these two methods is that insurance companies and juries actually use them to calculate pain and suffering.  They simply do not.

Although insurance companies in the past may have employed some sort of multiplier to calculate a rough estimate of an appropriate settlement offer in cases involving soft tissue injuries (e.g., whiplash), insurance companies now use the settlement software, as discussed above, to arrive at an appropriate settlement range, based on prior settlements, localized medical charges, and other claim characteristics.

As mentioned above, if a case goes to a jury trial, juries are instructed to assign a sum of money that would fairly and reasonably compensate the plaintiff for the physical pain and mental anguish sustained in the past and future.  Juries use their best judgment based on the evidence presented to them throughout the trial.

Pain & Suffering Settlement Examples

The pain and suffering settlement examples below are from real Texas cases that were settled after a lawsuit was filed but before a jury gave its verdict.  In most of these cases, an allocation of what was given for pain and suffering was not provided.  However, we can assume that any amount paid above “special damages” (i.e., medical expenses and lost wages) is compensation given for non-economic damages, encompassing past and future pain and suffering.

Donatta V. Fomond (Fort Bend County)

• Facts: Plaintiff, Chester Donatta, stopped at a traffic light, and was rear-ended by defendant, Tiffany Fomond.
• Injury: Neck, lower back, and shoulder pain; lumbar herniations at L3-4, L4-5; cervical herniations at C2-3, C3-4, C4-5, and C6-7.
• Medical Treatment: Chiropractic treatment, MRI, physical therapy, lumbar epidural steroid injection
• Past Medical Bills: $19,454
• Insurance Company: GEICO
• Settlement Amount: $40,001
• Pain and Suffering: It may be presumed that at least some of the difference in past medical bills and total settlement amount, $20,547, was allocated to general damages, including pain and suffering. The plaintiff did claim future medical expenses, although this amount is unknown.

Montalvo & Montalvo V. Odom (Hardin County)

• Facts: Plaintiffs, Juan Montalvo (driver) and Mario Montalvo (passenger) were stopped at a traffic light when they were rear-ended by Defendant, Erica Odom.
• Injury:
  • Juan Montalvo: Mild shoulder bursitis, shoulder joint effusion, cervical herniations at C3-4, C4-5, and C5-6 with annular fissure; C3-4 herniation impinged the spinal cord causing radiating pain, numbness and tingling in limbs
  • Mario Montalvo: Cervical herniations at C4-5 and C5-6 with stenosis, thoracic herniations at T7-8 and T8-9 with canal stenosis at T7-8, and radiating pain, numbness and tingling in limbs.
• Medical Treatment:
  • Juan Montalvo: Emergency room, chiropractic treatment, MRI, should injection, lumbar trigger points injection; anterior cervical discectomy and fusion from C3 to C5
  • Mario Montalvo: Chiropractic treatment, lumbar epidural steroid injection, and trigger point injections.
• Past Medical Bills:
  • Juan Montalvo: $42,000
  • Mario Montalvo: $150,000
• Insurance Company: Farm Bureau
• Settlement Amount:
  • Juan Montalvo: $275,000
  • Mario Montalvo: $350,000
• Pain and Suffering:
  • Juan Montalvo: Claimed past and future physical pain and mental anguish and past and future physical impairment. Based on the total settlement of $275,000 and the past medical bills of $42,000, it appears that Mr. Montalvo received $233,000 in general damages, most of which was likely for pain and suffering.
  • Mario Montalvo: Claimed past and future physical pain and mental anguish and past and future physical impairment.  Similarly, Mr. Montalvo received a significant amount for general damages based on his past medical bills of $150,000. Although no pain and suffering allocation was given, it is likely most of the $200,000 in general damages was given for his pain and suffering.

Streetman V. Gardner Trucking, Inc. (Gregg County)

• Facts: Plaintiff, Joseph Streetman, driving a box truck on I-20, while stopped in traffic was rear-ended by an 18-wheeler driven by a Gardner Trucking employee.
• Injury: Disc bulges at C3-4, C4-5, C5-6, C6-7, T11-12, T12-L1, L2-3, L3-4, and L4-5 with residual stenosis; rotator cuff tears in both shoulders; aggravation of pre-existing injuries of back, left shoulder, and neck.
• Medical Treatment: Minor treatment at the emergency room (by ambulance), cervical fusion surgery, physical therapy, left and right shoulder arthroplasty, and laminectomy at L5-S1.
• Medical Bills: $415,000
• Past Lost Wages: $55,000
• Insurance Companies: Mercury, North River, National Interstate, Lexington
• Settlement Amount: $15,000,000
• Pain and Suffering: No allocation was provided on how much of the $15,000,000 settlement went towards Mr. Streetman’s pain and suffering but given the amount of his past medical bills and claimed lost wages of $55,000, the pain and suffering element in this case was clearly substantial, in the several millions of dollars.  Mr. Streetman claimed an undisclosed amount of future medical bills, future loss of earning capacity, in addition to past and future pain and suffering, past and future physical impairment, and past and future disfigurement.

Martinez V. Sef Energy, Et Al (Bexar County)

• Facts: Plaintiff, Mark Martinez, collided with Ramon Ortiz’s work truck while Mr. Ortiz turned left in front of Mr. Martinez, causing a near head-on collision and significant damage to his vehicle.
• Injury: Abdomen contusion, disc herniations at C4-5, C5-6, and C6-7, including a radial tear of the outer annulus at C5-6 and impingement of the C4-5 nerve root; and radicular symptoms in his arms.
• Medical Treatment: Emergency room, medical clinic, cervical epidural steroid injections, and physical therapy.
• Past Medical Bills: $41,082.78
• Past Lost Wages: $1,365.76
• Insurance Company: American International Group, Inc.
• Settlement Amount: $115,000
• Pain and Suffering: Mr. Martinez claimed past and future pain and suffering among other types of general damages, such as mental anguish, and past physical impairment.  Based on the settlement amount of $115,000 and the past medical bills and past lost wages, the general damages calculation totaled $72,551.46.

Araujo V. Pennington (Harris County)

• Facts: Defendant, Robert Pennington, turned his SUV in front of Plaintiff, Lorena Araujo’s vehicle causing a collision.
• Injury: Herniated disc at L5-S1 with nerve impingement
• Medical Treatment: Chiropractic treatment, MRI, lumbar epidural steroid injection, and an emergency room visit a year after the accident due to a pain flair up.
• Past Medical Bills: $23,000
• Insurance Company: Allstate
• Settlement Amount: $65,000
• Pain and Suffering: Ms. Araujo claimed past and future pain and suffering, mental anguish, and future physical impairment. Based on the past medical bills, it can be assumed that $42,000 was for general damages, including pain and suffering, although no allocation was given.

Rutkoske V. Hartford Insurance (Denton County)

• Facts: Plaintiff, Janine Rutkoske, a passenger in defendant, Wayne Secore’s, vehicle, ran a red light striking another vehicle and light pole.
• Injury: Cervical and lumbar sprains and strains, concussion, 1 mm disc herniation, annular tear at L2-3, 4 mm disc herniation at L3-4, and aggravation of pre-existing lumbar conditions.
• Medical Treatment: Emergency room (by ambulance), physical therapy, MRI, and intralaminar epidural steroid injection at L3-4.
• Past Medical Bills: $76,605
• Future Medical Expenses: $257,000
• Insurance Company: Hartford and State Farm
• Settlement Amount: $230,000
• Pain and Suffering: It is uncertain whether any of the $230,000 settlement included pain and suffering compensation in this case.  It was noted that this settlement included not only Ms. Rutkoske’s injury claim, but also Mr. Rukkoske’s derivative claim for loss of consortium for the effects Ms. Rutkoske’s injuries had on their relationship.

Spencer V. Pizza Venture Of San Antonio, Llc, Et Al (Bexar County)

• Facts: Plaintiff, Zachary Spencer, a pedestrian, was walking on the sidewalk when he was struck by a vehicle driven by a Pizza Ventures of San Antonio employee (DBA Papa John’s Pizza).
• Injury: concussion, post-concussion symptoms, anxiety, major depressive disorder, major neurocognitive disorder, loss of consciousness at the scene, dizziness, post-traumatic stress disorder, memory problems, cognitive problems, personality changes and headaches, aggravation of pre-existing psychological problems; fractures of the tibia and fibula; fractured teeth; elbow effusion and laceration, shoulder, foot, forehead, and scalp abrasions; scars on the right leg, face and elbow; and a limp.
• Medical Treatment: Emergency room (by ambulance), irrigation of the right leg with intramedullary nailing and closing of elbow laceration, cranial lacerations sutures; physical, mental, occupational, and cognitive therapy; brain injury rehabilitation; and root canals.
• Past Medical Bills: $111,973.36
• Future Medical Expenses/Life Care Costs: $2,853,117
• Lost Earning Capacity: $1,013,908
• Insurance Company: Cincinnati Insurance, Ace Group, Redpoint Insurance
• Settlement Amount: $9,000,000, which included Mr. Spencer’s parent’s claim for bystander damages
• Pain and Suffering: Factoring in past and future medical expenses, lost earning capacity, and Mr. Spencer’s parent’s bystander claim, to the $9,000,000 settlement, it is likely a significant amount was given for pain and suffering considering the seriousness of the plaintiff’s injuries.

Hendon & Cotton V. Analytical Technology Consultants, Et Al (Jefferson County)

• Facts: Plaintiffs, Mason Hendon and Darlene Cotton, driving separately in their vehicles on I-69 were struck by crane’s frame and boom operated by American Technology Consultants.
• Injury:
  • Mason Hendon: Severe head laceration, concussion, post-concussion syndrome, traumatic brain injury, headaches, cognitive and memory impairment, and herniated discs at L4-5 and L5-S1.
  • Darlene Cotton: Herniated cervical disc and lumbar bulging discs.
• Medical Treatment:
  • Mason Hendon: Emergency room (by ambulance), neuropsychological testing, pain management, and lumbar fusion recommendation.
  • Darlene Cotton: Emergency room (by ambulance), physical therapy, cervical and lumbar epidural steroid injections, and recommended cervical fusion.
• Past Medical Bills:
  • Mason Hendon: $102,000
  • Darlene Cotton: $117,000
• Future Medical Expense:
  • Mason Hendon: $300,000
  • Darlene Cotton: $250,000
• Insurance Company: Evanston and State Farm
• Settlement Amount:
  • Mason Hendon: $3,800,000
  • Darlene Cotton: $1,000,000
• Pain and Suffering:
  • Mason Hendon: Mr. Hendon was significantly disabled as a result of this accident and had lost the opportunity to become an electrician, which was factored into the $3,800,000 potentially as lost earning capacity.  Since the lost earning capacity figure was not disclosed in this case, it is uncertain how much was given for pain and suffering. However, based on the seriousness of the plaintiff’s injuries, it is safe to assume that a significant amount of the $3,398,000 (i.e., general damages and lost earning capacity) was paid for his pain and suffering.
  • Darlene Cotton: Taking into account Ms. Cotton’s past and future medical expenses, it seems she was given around $633,000 in general damages, which would include pain and suffering.

Luckey V. Martinez, Et Al (Orange County)

• Facts: Plaintiff, Christopher Luckey, was rear-ended at a traffic light by a flat-bed truck driven by Daniel Rodriquez, an employee of Clean Portables.
• Injury: Herniated discs at C4-5, C5-6, and C6-7, and radicular pain in the shoulder.
• Medical Treatment: Emergency room, physical therapy, MRI, cervical steroid injection, anterior cervical decompression and fusion at C4-5 and C5-6
• Past Medical Bills: $437,000
• Past Lost Wages: $11,000
• Insurance Company: Employers Mutual Casualty Company
• Settlement Amount: $1,550,000. This included both Mr. Luckey’s injury claim and wife’s loss of consortium claim.
• Pain and Suffering: Mr. Luckey also claimed several hundreds of thousands in loss of earning capacity. It is uncertain an exact amount for pain and suffering but it’s likely that at least a moderate portion of the $1,550,000 settlement was for Mr. Luckey’s pain and suffering.

Bell V. Melasqui (Fort Bend County)

• Facts: Plaintiff, Leonard Bell, a bicyclist, was struck by an SUV driven by Sirlei Melesqui.
• Injury: Two fractured ribs; half collapsed lung; concussion; left periorbital soft tissue hematoma; headaches; claimed traumatic brain injury; and neck, lower back, and shoulder sprains and strains.
• Medical Treatment: Emergency room (by ambulance), including CAT scans, MRIs, and a chest tube for his collapsed lung; and chiropractic treatment.
• Past Medical Bills: $31,951.86
• Insurance Company: AAA
• Settlement Amount: $87,073.23. This case went before a jury and the jury returned a verdict of $74,951.86, although only nine of them agree. Since you need 10 out of 12 to agree to a verdict, the court ordered that deliberations continue. The parties agreed to a settlement of $87,073.23 before the jury reached a final verdict.
• Pain and Suffering: Mr. Bell sought a jury award of $200,000, which would have been $168,048.14 in general damages, including past and future physical pain and mental anguish and past and future physical impairment. However, based on the settlement, general damages totaled $55,121.40, with no information as to how much was allocated specifically for pain and suffering.

Pain & Suffering Verdict Examples

The following are several real Texas motor vehicle accident jury verdicts from all over Texas.  In each of these cases the jury provided a breakdown of how much they awarded for past and future pain and suffering, as well as other damages.  This will provide some insight as to how much juries award in pain and suffering compensation at trial.

Simpson V. Daniel (Harris County)

• Facts: Defendant, Larranicia Daniel, failed to yield the right of way at a stop sign to Plaintiff, Clarence Simpson, causing Ms. Daniel’s vehicle to strike Mr. Simpson’s vehicle.
• Injury: Hand contusion, lower back and thoracic spine pain, herniated discs at C2-3, with canal stenosis; C3-4 and C4-5, with canal stenosis and foraminal stenosis; C5-6 and C6-7, with annular tears and canal stenosis; L4-5, with moderate foraminal stenosis; and L2-3 and L3-4, causing foraminal stenosis; disc herniation at L5-S1 with annular tear and severe foraminal stenosis. Radiculopathy, with pain radiating to his limbs; and brief loss of consciousness on impact.
• Medical Treatment: Emergency room, chiropractic treatment, lumbar and cervical epidural steroid injections,
• Past Medical Bills: $44,463.56
• Insurance Company: Allstate
• Insurance Company Settlement Offer: $19,368
• Verdict Amount: $33,525
• Pain and Suffering: The jury did not award any money to the plaintiff for pain and suffering.

Cryer V. Macdonald (Collin County)

• Facts: Plaintiff, Angela Cryer, was struck on the right side of her SUV by defendant, Jacen Macdonald, who was driving an SUV and making a left turn.
• Injury: Abrasions and burns to her forearms, hands, and eyes caused by airbag deployment; and abdominal contusions.
• Medical Treatment: Emergency room (by ambulance) and two visits to her primary care physician.
• Past Medical Bills: $40,500
• Insurance Company: Allstate
• Insurance Company Settlement Offer: $9,000
• Verdict Amount: $47,606
• Past Pain and Suffering: $3,000. In addition, the jury awarded $40,500 for past medical expenses, $1,500 for past physical impairment, $106 for past lost wages, and $2,500 for past mental anguish.

Thompson V. Manry (Johnson County)

• Facts: Plaintiff, Jesse Thompson, a pedestrian, was hit and dragged while defendant, Zachary Manry, backed up his vehicle.
• Injury: Dislocated hip, broken ribs, broken nose, severe lacerations of buttocks,
• Medical Treatment: Emergency room (by ambulance), physical therapy, and orthopedic surgeon consultation.
• Past Medical Bills: $93,643
• Future Medical Expenses: $5,000
• Insurance Company: GEICO
• Insurance Company Settlement Offer: None
• Verdict Amount: $130,143
• Pain and Suffering: Mr. Thompson was awarded $5,000 for past physical pain. In addition, he was given $1,500 for past physical impairment, $20,000 for future physical impairment, and $5,000 for past mental anguish.

Quintero V. Gronberg (Harris County)

• Facts: Plaintiff, Rey Quintero, was rear ended by defendant, Tiana Gronberg, while stopped at a red light.
• Injury: Disc herniations at L2-3, L4-5, and L5-S1; radicular leg pain; and cervical and lumbar sprains and strains.
• Medical Treatment: Chiropractic treatment and lumbar epidural steroid injection.
• Past Medical Bills: $40,489
• Insurance Company: State Farm
• Insurance Company Settlement Offer: $5,000
• Verdict Amount: $3,550
• Pain and Suffering: $500 for past physical pain.  Also, $500 for past mental anguish.

Acosta-hernandez V. Vashisht (Dallas County)

• Facts: Plaintiff, Victor Acosta-Hernandez, proceeding through an intersection, struck the vehicle driven by, defendant, Sunil Vashisht, while Mr. Vashisht executed a left turn.
• Injury: Disc protrusions at C5-6 and L3-4; and neck, back, and shoulder sprains and strains.
• Medical Treatment: Chiropractic treatment, MRI
• Past Medical Bills: $19,891
• Insurance Company: GEICO
• Insurance Company Settlement Offer: $20,000
• Verdict Amount: $22,890.50 was awarded but reduced to $18,312.50 due to comparative fault reduction of 20%.
• Pain and Suffering: $1,500 for past physical pain and mental anguish. $1,500 was also awarded for past physical impairment.

Shirley V. Allstate Texas Lloyds Inc. (Harris County)

• Facts: Plaintiff, Sammie Shirley was struck from behind by a pickup truck driven by an undisclosed party. She settled with the undisclosed party for $30,000 and sought underinsured benefits from Allstate, her own insurance carrier.
• Injury: Aggravation of carpal tunnel syndrome, cervical disc herniation with nerve impingement and radicular symptoms, and sprains and strains to her lumbar region.
• Medical Treatment: Urgent care, chiropractic treatment, epidural steroid injection,
• Past Medical Bills: $28,614.93
• Insurance Company: Allstate
• Insurance Company Settlement Offer: $500
• Verdict Amount: $125,493. However, the plaintiff actual award was $50,000, the limits of her underinsured policy coverage.
• Pain and Suffering: The jury awarded $25,000 for past and future physical pain; $21,878 in future medical expenses; and $50,000 in past and future physical impairment.

Walker-sanneh V. Alexandria Lewis And Michael Johnson (Harris County)

• Facts: Plaintiff, Keidra Walker-Sanneh, was struck on the left side of her vehicle by defendant, Alexandria Lewis.
• Injury: Back and neck sprains and strains.
• Medical Treatment: Emergency room, chiropractic treatment, and X-rays.
• Past Medical Bills: $20,535
• Insurance Company: Allstate
• Insurance Company Settlement Offer: $5,250
• Verdict Amount: $100,426
• Pain and Suffering: $24,000 in past and future pain and suffering. The jury also awarded $53,000 in past and future physical impairment, and $2,891 in lost wages.

Brown-wells V. Eunsil Jung (Collin County)

• Facts: Plaintiff, Shontelle Brown-Wells, struck Eunsil Jung’s vehicle, as Ms. Jung negligently turned left at an intersection.
• Injury: Neck and shoulder sprains and strains, disc bulge, and radiating pain into the right hand.
• Medical Treatment: Emergency room (by ambulance), chiropractic treatment, and a recommendation for an epidural steroid injection.
• Past Medical Bills: $27,562.97
• Insurance Company: Allstate
• Insurance Company Settlement Offer: $15,800
• Verdict Amount: $381,563
• Pain and Suffering: $41,000 in past and future physical pain. Ms. Brown was also awarded $128,000 for future medical expenses, $180,000 for future physical impairment, and $5,000 for past mental anguish.

Hartman V. Young (Denton County)

• Facts: Plaintiff, Nicole Hartman, was rear-ended by defendant, Scott Young in heavy traffic.
• Injury: Concussion, cognitive and memory impairment, cervical and lumbar sprains and strains.
• Medical Treatment: Emergency room, chiropractic treatment, and visit to a neurologist for an evaluation.
• Past Medical Bills: $20,244.93
• Insurance Company: Fred Loya
• Insurance Company Settlement Offer: $1,500
• Verdict Amount: $35,145. The plaintiff’s verdict was reduced since she was determined to be 35% at fault, reducing her actual award to $22,844.
• Pain and Suffering: The jury awarded $10,500 for past and future physical pain and suffering. The jury also awarded $4,400 in lost wages.

Prater V. Ukandu (Dallas County)

• Facts: Plaintiff, Runda Prater, was rear-ended by defendant, Keith Ukandu.
• Injury: Cervical, thoracic, lumbar, and shoulder sprains and strains.
• Medical Treatment: Emergency room and chiropractic treatment.
• Past Medical Bills: $7,257.04
• Insurance Company: Home State County Mutual
• Insurance Company Settlement Offer: $7,000
• Verdict Amount: $57,571
• Pain and Suffering: $15,000 for past and future physical pain. Ms. Prater also received $314 for past loss of earning capacity and $20,000 for past and future physical impairment.

While you focus on getting your life back together, we will deal with the insurance adjusters, coordinate your auto repairs, get you a rental car, and get you a top-dollar settlement. Our Houston car accident lawyers are available 24/7. Call us at (713) 489-4270.

If you’re involved in an auto accident in the Fort Worth, TX area, it’s extremely important to get your Texas Peace Officer Crash Report as soon as possible. This report will have crucial details about your auto accident including facts about the accident and parties involved. A crucial piece to this report is the portion where the officer writes his/her narrative about how the accident occurred. This may help or hurt your case.

Another portion which makes acquiring this report crucial is the section on who each party’s insurance company is. You’ll need this information in order to open your claim.

How To Get Your Fort Worth Police Department Accident Report Online

Fort Worth accident reports can be obtained online at the Fort Worth Police Department’s website for $11.00.

To order your online accident report, you will need to provide the following information:

• Report Number
• Incident Date
• Incident Location
• Intersecting Street (if applicable)
• Involved Last Name
• Involved Driver’s License#
• Insurance Company

You may also download your Fort Worth Crash Report on the the Texas Crash Records Information System website for either $6.39 or $8.44 for a certified copy.

How To Get Your Crash Report In-person

Fort Worth accident reports can be picked up in person at the Fort Worth Police Records Division located at:

1000 Calvert Street

Fort Worth, TX 76107

Their customer service hours are Monday through Friday from 7 a.m. to 5 p.m.

How To Get Your Crash Report By Mail

To request your crash report by mail, you will need to fill out a customer order form and send the form along with a money order in the amount of $6.00 (payable to the Forth Worth Police Department), along with a self-addressed stamped envelope, to:

Fort Worth Police Records Division

350 West Belknap St.

Fort Worth, Texas 76102-2004

If you choose to request an accident report through the mail there is an additional search fee of $6.00.

After You Get Your Fort Worth Accident Report, Get Help With Your Case

If you or a loved one were involved in a car accident, it is important that you get your Fort Worth Accident Report right away.

If you need help obtaining your report or filing your case, contact the Milano Legal Group today for a free case evaluation. Our Texas car accident lawyers are eager to help you get justice.

Accidents are so common that you’ll have a more challenging time finding someone who hasn’t been involved in one than you will be finding someone who has. They can range from an inconvenience to a crash with devastating circumstances for you and your family.

Suppose you were partially at fault for the accident occurring. For example, you were trying to avoid being crashed into by a distracted driver, and you were slightly distracted and made a lapse in judgment. Where does that leave you in the state of Texas? Read below to learn more.

What is Comparative Negligence?

You may have heard as some states are referred to as “fault states” or “no-fault states.” Texas follows a comparative negligence rule. What does this mean for you? Comparative negligence or fault implies that more than one driver can be found at fault for the accident. In some states, this may mean that you have no grounds to file for damages against the other driver since you were partially at fault. 

In Texas, even if you were partially at fault, you may still be able to pursue damages successfully. Each party involved will have a certain percentage of “fault” they are responsible for after a thorough investigation. Once determined, the damages awarded to you are lessened by the portion determined to be your fault. 

For example, if two people are involved in an accident and it is determined that you are 30% at fault for the accident, you would receive 70% of the total damages awarded in the case as your compensation. On the contrary, if you are found to be more than 50% at fault for the accident, you may not receive compensation.

How is Fault Determined in Texas?

If you’ve been caught up in the aftermath of an accident, you likely recognize how hectic the situation is. It can be challenging to determine who you think was at fault and why. There can be circumstances you were unaware of, weather or other factors that contributed to the accident, and more.

The facts of the case will be reviewed, and together with an accident investigation as well as any eyewitness statements, crash reconstruction, police reports, photo or video evidence, and more, fault can be determined.

What are Some Examples of Partial Fault?

In some cases, you may feel strongly that you had no fault in the accident and feel you are entitled to 100% of the damages.

If, however, you were speeding, failing to yield to the right-of-way, driving while impaired or distracted, or failing to obey traffic signs, these can all be examples of partial fault. A thorough investigation of the crash site and reconstruction may prove that you were partially at fault due to one of these common errors. If that is the case, a percentage of your fault will be assigned, and you may still receive compensation, but that percentage will lessen it.

What Are Some Steps I Should Take After an Accident?

You can take several steps to protect yourself after an accident. If you have never experienced one before, it can be easy to make mistakes that can damage your ability to pursue compensation in the future.

First things first, document as much as you can regarding the accident while it is still fresh in your mind. Not only the location, but the weather conditions, road conditions, traffic flow, and the time of the accident. A police report will typically encompass these items, but you can help yourself by confirming all of these details were collected.

Seeking medical attention can also be a crucial step after an accident. In some cases, injuries don’t show up immediately, and something that can be assumed to be minor may result in issues in the future. Have a thorough exam, and relay the details of the accident to the medical staff so they can thoroughly check you over. This also provides a record of any issues immediately following the accident.

Photograph any damages to your vehicle, have a mechanic or body shop review the damage, and provide you with a full report. As with medical issues, some mechanical issues may not present themselves immediately and can cause problems down the road if not addressed.

Seek experienced legal guidance. This step can be crucial before discussing any details with insurance companies. This is because insurance companies typically don’t have your best interest at heart and are hoping to settle, in most cases, for less than what is deserved. Your attorney, however, will be a trusted advocate for you, have your best interest at heart, and ensure that if you are entitled to compensation, you receive what is rightfully yours and don’t settle for less.

Why Work With an Attorney?

As discussed above, it can be invaluable to have someone with your specific interests at heart in accident cases. Your trusted attorney is well-versed in accidents, as they are a daily occurrence. They know what to look for, what costly mistakes to avoid, and how to assist you best so you can get the compensation you and your family deserve.

Contact our office at (855) 545-1777 to speak with an experienced and compassionate attorney regarding your accident and learn more about how we can best assist you moving forward. We look forward to working with you.