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Texas runs on a fault system which means even if you are partially at fault for a head-on collision, you can still get compensation. With the help of a Brownsville head-on collision lawyer, you can determine what percentage you were at fault in comparison to what percentage the other party or parties were also at fault. The share of fault will determine the percentage of compensation to which you are entitled if a settlement is reached.
Is paid to victims in U.S. truck accident settlements every year. - FMCSA
Our Texas injury lawyers have the experience, knowledge, and skills that are necessary to ensure your rights remain protected throughout the entire personal injury claims process.
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Minor whiplash will not get you the same compensation as broken bones that lead to permanent disfigurement.
Example: John was hit in a rear-end collision on I-69 and now has to receive chiropractic treatment for minor back pain that resulted in $5,000 in medical bills. Tina had to visit a doctor at Solara Hospital Brownsville for X-rays and ended up with a broken arm from hitting the dashboard. She too has $5,000 in medical bills.
Using this example, it is likely that John would receive a settlement much closer to the total of $5,000 worth of medical bills. Tina would receive compensation that could be closer to $25,000 because of the physical pain and suffering that results from the broken arm and perhaps the inability to do her job as a secretary.
Things, like soft tissue injuries or back pain, are considered less severe than broken bones and because they cause less pain and suffering.
Example: Mark was in a rear-end collision and had to visit Valley Baptist Medical Center multiple times for the lacerations he received to his face. He has $5,000 in medical bills, but he will also end up with permanent disfigurement.
Mark will likely receive a payout closer to $50,000. Not only does he have to endure pain and suffering but the emotional distress that goes along with permanent disfigurement.
The compensation you could receive will increase if you have permanent injuries. You are entitled to compensation for not only your physical pain but your medical bills and your emotional distress. Permanent injuries can bring with them long-term medical bills and emotional distress for the rest of your life while a single broken bone will heal.
Emotional distress or mental anguish is something best determined with the help of rear-end collision attorneys.
As mentioned, disfigurement can cause emotional distress, which is going to be higher than someone who has a single broken arm. Somebody who is the sole breadwinner for their family could claim emotional distress brought about by the inability to provide income for the family or from the emotional fatigue that the accident itself brings. This is especially true if they suffer from something like post-traumatic stress disorder after the accident. With so many nuances, this is something best left to the discretion of rear-end collision lawyers.
After a severe car accident, lost income plays a role in the claim you submit. If you receive injuries severe enough that you cannot go back to work, the amount of money you lose for the time frame in which you cannot work is calculated into your claim. If you are permanently injured and now physically unable to work the settlement is even higher.
Example: If you are a general contractor for your firm and you have been working in the industry for 18 years starting just out of school as a carpenter and making your way up to the general contractor in charge of international construction projects, a severe car accident could render you unable to complete your job. In this situation, you would be entitled to compensation for the income you lose. If your injury is so severe that you cannot ever return to work, your settlements could extend to the total income you might lose as a result of the accident.
Property Damage
Property damage is taken into consideration after an accident like this. If your vehicle is now totaled and the other party is found to be 100% at fault, they will need to compensate you for the repairs or replacement of your vehicle based on the damage, in most cases. Even if you were somewhat at fault, this would still be taken into consideration for your total settlement of which you would receive the percentage as determined by your fault.
If the vehicle is totaled, Texas Transportation Code 501.091 stipulates that the current Blue Book value of your car should be the amount calculated into the compensation whereas if your car can be repaired, those repair costs are calculated instead.
