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Car Accident & Injury FAQs

1. How Long After a Crash Can You Claim? FAQs

Quick Answer – Two Years From the Date of The Incident in Texas

In the state of Texas, you are bound by the state’s statute of limitations. This set of legislature places a legal time limit on personal injury claims and wrongful death claims. After this period has elapsed, if you try to bring a claim against an individual, their attorney will apply for it to be thrown out, and in 99% of cases, they will be successful.

The statute of limitations in Texas is two years for both personal injury and wrongful death claims. This means you have two years from the accident to make a claim.

Chris Morrow Law, PLLC – The Attorney That Works

Here at Chris Morrow Law, PLLC, we deal with car insurance claims on a regular basis, and we can help you file a claim. Once you get in touch, we can assign a dedicated Texas car accident lawyer to your case. They can help you throughout the whole claim process, from calculating damages to pursuing the police report; we have your back.

Once you agree to representation, we take over your case. We handle your car insurance claim paperwork and speak to both the other parties’ car insurance company and your own insurance company.

Our Goal – To Provide A Reliable Austin Car Crash Lawyer to All Victims

Our goal to provide reliable representation to all victims, no matter their financial position, is an important one to us. We do not want anyone to forgo representation because they are scared of losing their case.

For this reason, we work on a contingency fee basis, and we provide a free initial consultation and case evaluation to all new clients. You can ask us the questions you need to ask us, receive some free advice and a free case evaluation, and decide if you wish to proceed with your case.

If you decide to proceed with the case, it will be on a contingency fee basis, meaning it costs you nothing upfront or if you lose. We simply take a percentage of your settlement if we can win your case.

2. What Damages Are Recoverable In a Texas Car Accident Lawsuit

When it comes to recovering damages from an auto accident incident, your attorney will first need to calculate what damages you have suffered as a result of the accident. They will then use these calculations to negotiate with the other driver’s insurance company to try and secure an out-of-court settlement.

The other driver’s insurer will consider the offer, and depending on whether they believe their party was the at-fault driver or not, they may decide to accept your offer.

The more experience your attorney has in similar cases to yours, the better they will be at this task.

When it comes to calculating your damages, your attorney will need to consider both your economic and your non-economic damages.

Economic Damages

Economic damages are the damages that have cost you or will cost you money. They are the easiest to calculate as most of them have physical evidence. For example, repairing your car will have a repair bill, and taking time off work will result in lost wages that can be evidenced by bank accounts and paychecks.

Medical Bills

Medical bills are usually the biggest economic expense for an accident victim. Even those with comprehensive coverage find that their medical treatment quickly exceeds their limits. If you are a victim of someone else’s negligence, then you should not be left out of pocket, especially if you have injuries that require long-term medical treatment.

Your attorney will help you recover past and future medical expenses, utilizing expert testimony to determine what your future medical costs will be. They will also ensure that all expenses related to your treatment are accounted for such as transport to and from the hospital, childcare while you are receiving treatment, and more.

Lost Income

After suffering a traumatic experience such as a car accident, time off work is inevitable. Unfortunately, this often means lost income at a time when your day-to-day expenses are increased.

As the victim, you should not be left out of pocket, and an attorney will help you recover all your lost wages. If your injuries mean that you will not be able to return to the same type of work, your attorney will also help you to recover compensation for loss of earning potential.

Property Damage

The cost of repairing any property that was damaged in the crash, including your car and any personal belongings such as a phone or laptop, should be covered by your personal injury claim. It is important to keep all your receipts as evidence of your expenses.

Non-Economic Damages

Next are your non-economic damages, which are judged by your attorney. These damages are subjective and include things that cannot be measured with physical figures. Non-economic damages include things like your emotional and physical pain and your loss of enjoyment in life.

Non-economic damages are referred to as pain and suffering and are often a higher figure than even your medical bills, especially if your injuries are life long.

Wrongful Death in Texas

The worst-case scenario in a car accident is that someone loses their life as a result. When a family loses a loved one because of the negligent actions of another party, it is especially traumatic.

If you have lost a loved one because of the negligent actions of another driver, then you may be owed compensation in a wrongful death claim. A wrongful death claim could compensate you for your economic losses, such as loss of income to a family household and funeral expenses, and non-economic losses, such as your mental suffering and loss of companionship.

No amount of money can begin to heal your grief, but it is important that you and your family do not have to suffer financially because of your loved one’s death. When you hire legal representation, they will handle the legal process, so you can focus on your family at this difficult time.

3. What To Do After A Car Accident In Texas

After a car accident, emotions are high, and your body will be full of adrenaline. This can make it difficult to think clearly. However, your initial steps can make a big difference in the success of your claim.

The last decade has seen a large increase in the number of payouts from insurance companies, which means that they now employ aggressive loss adjustors to devalue your claim, and they will try to use what you say and do against you. However, if some time has already passed, and you did not follow these steps, then don’t panic! Get in touch with a personal injury lawyer as soon as possible so that they can assess your case and advise you on your next steps.

Here are the steps you should follow:

Check Injuries and Keep Safe

It is important to prioritize your own health and safety first, which means checking yourself for injuries. If you find it difficult to move or feel pain in your neck or back, then you should remain where you are and wait for help.

If you are confident that you are able to move without worsening your injuries, then you should move to a place of safety. If it is safe to do so, you can check others involved in the accident for serious injury.

Call 911

If there are any injuries that require medical attention, you should call both an ambulance and the police to the scene. The ambulance crew will ensure that everyone who needs immediate medical attention is treated, and the police will make a police report.

The police and medical reports from the scene will become important pieces of evidence in your claim. The police will also ensure that the area is made safe, and if anyone breaks the law, such as if one party was driving under the influence, then the police will ensure that the proper measures are taken.

Collect Evidence

After a motor vehicle accident, any evidence you have about the events that occurred can benefit your claim. If your injuries do not prevent you from doing so, then you should take photos of the scene and get the information of any witnesses, as well as the other drivers.

It may also be helpful to write a description of what occurred as soon as possible. It is common for memories to become confused, especially after a traumatic event such as a car accident. Having a written record of your version of events could help you piece everything together later on.

Seek Medical Attention

If you did not receive immediate medical attention, then it is essential you seek a medical examination as quickly as possible. There are two reasons for this, firstly, some injuries may lie hidden, and you could worsen them if you are unaware of them. Secondly, a medical examination is integral to your claim, and the sooner after the accident, the better, as it will be easier to establish that your injuries were a direct result of the accident.

Call Your Auto Insurance Company

Depending on your policy, you may have a limited amount of time to inform your insurance company to make an auto insurance claim. However, it is important to remember that insurance companies are big businesses that are driven by profit. You should keep the details of your accident brief and tell them that your attorney will be in touch with them to discuss the details of your claim.

4. If I am Offered a Quick Settlement, Should I Accept it?

An offer that is made quickly after an accident is almost always a lowball offer. It is usually an insurance company’s attempt at settling a claim quickly, so they don’t end up paying out more.

Once you accept an offer, you give up your right to fight for more, which usually equates to giving up your right to just and fair compensation. If you are offered a quick settlement, the best thing you can do is speak to a car accident attorney who can advise you.

5. Will My Case Go To Court?

Court cases are costly and time-consuming, so it is usually in everyone’s best interest to settle outside of court. However, some insurance companies will remain stubborn and will let a case go to court. Therefore, it is essential your attorney is skilled in the courtroom and is willing to fight for you in front of a Judge if necessary. This is also important because loss adjusters often know which attorneys are willing to go to court and will be more willing to offer a settlement rather than lose in court.

6. How Long Do Car Accident Cases Take to Settle?

The car accident claim process could take just a few months or several years to settle. It depends on how complex the injuries are, how clear the liability is, the quality of your representation, and whether your case goes to court. It is important that your attorney understands when to fight for a quick settlement and when to go the distance to secure what you are owed.

7. What are Punitive Damages, and Can I Claim Them?

Punitive damages are reserved for cases that involve malicious intent or gross negligence. An example could be a driver who was driving while under the influence. However, punitive damages can only be awarded in cases that reach a court hearing, as they can only be awarded by a Judge. The purpose of punitive damages is to punish the victim and deter similar behavior in the future, this is in contrast to the compensatory damages listed above, which are designed to compensate the victim.

8. What if The Other Driver Was Uninsured?

If you were in an accident with an uninsured motorist, then your first step would be to check your insurance policy to see if you have coverage. If you don’t, then it may be difficult to claim compensation. However, you should speak to a personal injury lawyer who can explore all of your options.

9. Do I Have A Case If I Do Not Feel Hurt After A Car Accident?

Even if you do not feel physically hurt after a car accident, it may still be possible to claim compensation. However, it is important to know that some injuries may not manifest until days or even weeks after an accident. This is because of the adrenaline that is released during a traumatic event. Therefore, it is important to seek medical attention as quickly as possible after an accident, even if you do not feel pain or discomfort.

Even if you do not have any serious physical injuries, you may still claim compensation for property damage, lost wages, and other damages resulting from the accident. The best way to determine whether you have a valid claim is to seek a free consultation with an experienced car accident attorney.

Always Seek Medical Attention After a Car Crash

Many car accident injuries appear immediately, especially common injuries such as broken bones and soft tissue injuries. However, hidden injuries are also common, including internal bleeding or trauma to an organ. The adrenaline and endorphins released in traumatic events could mask these types of injuries. As a result, you may not feel them until after these chemical hormones wear off.

It is possible for injuries to not appear until days later. Whiplash, for example, happens when the force of an impact thrusts the head and neck violently. While victims may not initially feel too much pain, they may develop headaches, dizziness, tinnitus, and other symptoms in the following days and weeks.

A concussion is another example of this, and you may not realize the extent of the damage straight away. A concussion can cause long-lasting debilitating symptoms such as impaired cognition, dizziness, blurred vision, abnormal sleep patterns, and even personality changes.

Because of the risk of hidden injuries, you may not realize the extent of your injuries immediately after a car accident. Therefore, you must seek medical treatment even if you do not feel hurt. A medical professional can assess your situation and will advise you on treatment so that you do not unknowingly make your situation worse.

You Could Recover Compensation For Other Damages Even if You Are Not Injured

Even if you did not suffer serious injuries, you may still have incurred significant expenses. For example, car accidents often result in severe damage to your vehicle. Unfortunately, you cannot always rely on an insurance company to offer sufficient compensation for the extent of your property damage.

Other property may have also been damaged in the accident, such as your laptop, phone, or other valuable items. It is possible to recover compensation for property damage even if you did not suffer physical injuries.

Car accident lawsuits allow victims of car accidents to recover financial compensation for all of their losses, not just medical bills. You should not be left out of pocket for an accident that was not your fault. If an insurance company refuses to offer fair compensation, you may need to pursue compensation with the help of an attorney.

10. What Should I Do After an Accident if I Do Not Feel Hurt?

After any car accident, you can maximize your chances of securing fair and just compensation by taking the right steps. Even if you feel fine after the accident, take the following steps to protect yourself and help ensure the best outcome in your case:

Prioritize Safety and Call Emergency Services

After a car accident, your first priority should always be safety. If you do not feel hurt, check those around you for injuries as well. If anyone is seriously injured, call for paramedics as quickly as possible.

You must also call the police for any car accident that involves injury or serious property damage. The police will also fill out a report which could be valuable if you decide to make a claim. You may also need to move out of the way of any oncoming traffic or other dangers.

Collect Evidence and Contact Information

Next, collect some evidence from the scene. This could include photos of the scene as a whole and anything else that could be relevant, such as property damage, skid marks, road signs, and debris.

You must also collect the information of the other driver involved in the accident, including their name, registration plate, contact details, and insurance information. If there are any witnesses, take note of their contact information as well.

Seek Medical Attention

Even though you might not feel seriously hurt, it is still important to seek a medical examination after a car accident. You should see your physician so that they can assess your injuries.

Contact Your Car Insurance Company

After a car accident, you are required to inform your insurance company even if you do not feel seriously hurt. However, it is important to remember that insurance companies benefit from paying you as little as possible. Therefore, at this early stage, you should not comment on your injuries or what you think might have happened.

Instead, simply tell them that an accident occurred and where. If you end up hiring an attorney, they will take over all the conversations with insurance companies on your behalf.

11. Why Do I Need an Attorney if I Do Not Feel Hurt After a Car Accident?

Even if a car accident did not result in physical injuries, you may still benefit from contacting a law firm. Here are some reasons why:

  • Property Damage – A car accident can cause significant damage to your vehicle, and the cost of repairs can quickly add up. Chris Morrow Law, PLLC can help you recover compensation for property damage, including vehicle repairs, rental car expenses, and diminished value.
  • Insurance Disputes – Dealing with insurance companies can be challenging. An experienced Texas attorney can help you navigate insurance disputes and fight for a fair settlement.
  • Future Medical Concerns – In some cases, injuries from a car accident may not appear immediately. It is essential to have a lawyer review your case to ensure that you do not waive your right to future medical claims.
  • Valuable Experience – The car accident lawyers at Chris Morrow Law, PLLC, have the legal experience and resources to handle your case efficiently. We know what evidence to gather and how to negotiate a settlement that is fair and just.
  • Peace of Mind – Dealing with the aftermath of a car accident can be stressful, confusing, and overwhelming. Hiring Chris Morrow Law, PLLC will give you peace of mind, knowing that an attorney is handling your case and protecting your rights.

12. Can I Claim For Stress After a Car Accident?

A traumatic event such as a car accident can cause a lot more than physical injuries. Many people who are involved in car accidents suffer severe emotional and psychological injuries, including stress, emotional trauma, post-traumatic stress disorder (PTSD), and anxiety. One study found that between 20-60% of people suffered emotional distress after a car accident, including depressive mood, emotional distress, and PTSD.

If you have suffered from stress, emotional distress, or any form of anxiety after a car accident, you may be able to recover compensation by filing a personal injury claim. At Chris Morrow Law, PLLC, our Austin car accident attorneys help our clients recover compensation for anxiety, stress, emotional distress, and physical injuries on a daily basis. Chris Morrow has been helping clients in Texas with personal injury claims for over 25 years and he has a deep understanding of how the legal system operates.

A personal injury attorney from our law firm will investigate the car accident, assess how much compensation you may be entitled to, negotiate with the insurance company, and help you file a personal injury claim. We will handle all the legal matters while you take time to focus on your recovery.

Chris Morrow Law, PLLC, “The Attorney That Works”, dedicates himself to protecting your legal rights and fighting to get compensation on your behalf.

Contact our law firm today at 512-881-6791 to schedule a free consultation.

Emotional Distress After a Car Accident

After a car accident, a person may suffer emotional distress without having suffered any physical pain, or combined with physical injuries. Emotional distress can come in many forms, including stress, emotional trauma, anxiety, panic attacks, major depressive disorder, and post-traumatic stress disorder. Because of the trauma resulting from a car accident, emotional distress may seriously affect a person’s life, and they may need to get professional help from a therapist or doctor.

Stress/Emotional Distress

It is completely natural to feel stressed after a car accident. You may need to take some time off work for injuries and you could be worried about recovering compensation from an insurance company. However, when this stress interrupts your life and prevents you from engaging in normal activities, such as leaving your house, playing sports, or going to work, it is important to speak to somebody or seek medical help.

If you are experiencing any of the following symptoms after your car accident, we recommend speaking with a medical professional as soon as possible:

  • Mood swings
  • Severe anger
  • Loss of appetite
  • Anxiety that prevents you from engaging in normal activities
  • Insomnia or sleeplessness
  • Lack of interest in normal activities

Stress and emotional distress can come in many different forms, and it is important to seek help from a medical professional who can help diagnose and treat your emotional distress. They may prescribe medication, provide you with methods for dealing with your stress, or set you up with regular therapy.

Post-Traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop following a traumatic event, such as a car accident. Often, those involved in a traumatic event or who have witnessed something extremely distressing later develop PTSD. Post-traumatic stress disorder is regarded as a serious mental health disorder that can have a damaging effect on a person’s life.

Some common symptoms of PTSD include:

  • Difficulties sleeping
  • Flashbacks
  • Intrusive thoughts about the incident
  • Anxiety related to the incident
  • Avoidance of the same or similar activity
  • Behavioral changes
  • Irritability
  • Depression
  • Suicidal thought
  • Drug or alcohol abuse

People who develop PTSD from a car accident may have suffered serious injuries in the car crash, witnessed a family member suffer serious injuries or die, or experienced trauma from the incident itself.

The effects of PTSD can be serious and it is important to speak with a medical professional or a psychiatrist if you believe you have developed PTSD from a car accident. They can help you manage the disorder through therapy, medication, and support services.

Anxiety After a Car Accident

Many people report feeling extreme anxiety after a car accident. This is because traumatic events often trigger anxiety. An anxiety disorder can have a major impact on a person’s life. It can prevent them from engaging in activities they previously enjoyed, attending work, and getting back in a vehicle to drive.

Some common symptoms of anxiety after a car accident can include:

  • Panic attacks
  • Restlessness and nervousness
  • Rapid breathing and increased heart rate
  • Trembling and sweating
  • Intrusive thoughts
  • Extreme fear when in a vehicle
  • Overbearing sense of fear
  • Insomnia
  • Difficulties eating
  • Trouble leaving your house

If you developed an anxiety disorder or feel severe anxiety after a car accident, you may be entitled to recover compensation for your harm. One of the lawyers from Chris Morrow Law, PLLC, can offer advice on whether you may be entitled to compensation for anxiety and fight on your behalf to ensure that you get justice.

13. How Do I Claim Compensation After a Car Accident?

Texas is an “at-fault” state for car accidents, meaning that the person who suffered injuries must claim compensation from the person who was at fault for the accident. There are typically three ways to claim compensation for stress after a car accident in Texas, filing a claim with your own insurance company, filing a third-party injury claim with the insurance company of the driver at fault for your accident, or filing a personal injury lawsuit against the driver.

All drivers in Texas are required to have car insurance with minimum liability coverage of:

  • $30,000 in bodily injury liability or death for one person per car accident
  • $60,000 in bodily injury liability or death for all injured persons in an accident
  • $25,000 in property damage per car accident

If you were partially at fault for the accident, the amount of compensation that you can recover will be reduced based on your level of fault, as per the ‘modified comparative fault’ rule. As such, if you were 20% at fault for the accident, and the other driver was 80% at fault, it will reduce the damages you receive from them by 20%.

14. What If The Other Driver Does Not Have Insurance?

Car accidents are an incredibly frightening experience and victims are often left with serious injuries and trauma. If you were in an accident that was not your fault, you will now be faced with the prospect of filing a claim against the other driver. However, if the other driver was uninsured, your case will not be straightforward.

Although all citizens are required by Texas law to have car insurance, sometimes people drive without insurance and cause serious accidents. If you have Uninsured Motorist Coverage on your insurance policy, you will be able to make a claim through your own policy for the emotional distress you suffered in a car accident.

However, if you do not have Uninsured Motorist Coverage, it may be more difficult to recover compensation. If you are in this situation, we recommend contacting an experienced car accident attorney as soon as possible. They can investigate your case and assess whether you may be able to file a personal injury claim against the at-fault driver.

The Problem With Filing a Claim Against an Uninsured Driver

After an accident that was not your fault, you may initially look to the other driver to claim compensation. However, if the other driver was uninsured, this may not be the most effective way to claim compensation for your damages.

Even if you file a claim against a driver with no insurance, it is highly likely that they will not have the assets to cover the cost of your damages, especially after a serious accident. The other driver could file for bankruptcy, which could then leave you without damages and with added legal costs.

That is why it is so important to have the help of an experienced attorney who understands how to proceed in the way that is most likely to secure a good outcome in your case.

What to Do After an Accident With an Uninsured Driver

After any car accident, there are certain steps you should take to protect yourself and maximize your chances of recovering compensation. These steps are the same regardless of the circumstances.

Prioritize Safety and Call 911

The first and most important thing to do is prioritize your safety and the safety of those around you. Check yourself for injuries, and if you are seriously injured, report your location and wait for help to arrive. If you can, check those around you for injuries as well.

If anyone is seriously injured, call 911 so that paramedics and police can attend the scene. Paramedics will attend to any injured victims, while the police will help mitigate any remaining danger and file a police report about the accident. If you can, take note of the responding officer’s name and badge number.

Collect Evidence and Contact Information

If your injuries allow it, the next thing you should do is collect evidence from the scene that could help your claim. Take photos of the scene, including any property damage, your own injuries, and anything else that could be relevant, such as debris on the road or skid marks.

You should also collect the information from all the drivers involved, including their names, contact information, and registration plates. If there are any witnesses, ask for their names and numbers, and your attorney may contact them later.

Seek Medical Attention

If you are not seen by paramedics at the scene, the next thing you must do is seek medical attention for your injuries. Your medical report will be integral to your claim. This step also helps protect your health and well-being, as the initial adrenaline could mask any serious injuries.

Contact Your Car Insurance Company

After a car accident, you need to speak to your insurance company to let them know there has been an accident. However, when talking to insurance companies, it is important to remember that they are profit-driven companies that benefit from paying you less than you deserve. You should contact an attorney before you speak to your car insurance company so they can advise you on what to say.

If you call your insurance company, stick to the facts of the accident, do not admit fault, and do not go into detail about your damages. Simply tell them you have been in an accident, provide the location, and give them the details of the other driver.

If the other driver was uninsured, this is also an opportunity to find out if you have uninsured motorist coverage or underinsured motorist coverage. This optional car insurance coverage may cover your damages if you have it. You should also find out how much coverage you have so that you can assess whether an uninsured motorist claim would be sufficient to compensate you.

Contact a Car Accident Lawyer

If you have been in an accident with an uninsured driver, your case will not be straightforward. The best way to maximize your chances of securing just and fair compensation is to speak to an experienced attorney at Chris Morrow Law, PLLC.

Our law firm is dedicated to finding justice for car accident victims in Texas and will do everything in our power to protect your rights. We are prepared to take on complex cases, such as those involving uninsured drivers, and will explore every potential avenue to recover compensation.

Options After a Car Accident With an Uninsured Driver

Determining what your damages are worth, including your economic and non-economic damages, requires the help of an experienced attorney. Before you decide how to proceed with your case, contact Chris Morrow Law, PLLC for a free consultation so that we can advise you on your next steps.

If you have uninsured motorist coverage, a car accident attorney can help you file a claim through your own insurance policy. Like all car insurance claims in Texas, you must prove that the uninsured driver was at fault for the accident and that you suffered damages as a result.

However, if you do not have uninsured motorist coverage and your own auto insurance coverage does not cover all of your damages, your attorney will help you explore all potential avenues to recover compensation, including:

Claiming From The At-Fault Drivers Employer

If the at-fault driver was working when the accident occurred, then you could claim compensation from their employer. Businesses are required to ensure their employers are properly insured if they are driving for work. An attorney can help investigate whether the at-fault driver was on the job and whether their employer owed you a duty of care that was breached.

Claiming From a Government Agency

If poor road conditions contributed to your accident, you may have a claim against the government agency responsible for maintaining the road. For example, perhaps there was a pothole in the road, debris, inadequate road signs, or other contributing factors. Your attorney will investigate all the possible causes of your accident.

Claiming From a Manufacturer or Mechanic

If a fault in a vehicle contributed to your accident, you could make a claim against a car parts manufacturer or a mechanic. For example, if your airbag did not deploy, and this meant that your injuries were worse than they should have been, the car manufacturer could be partially to blame for the accident.

Crime Victim’s Fund

If your accident falls under one of the following criminal categories, the Texas Crime Victims’ Compensation Program may provide coverage for a portion of your damages:

  • Failure to Stop and Render Aid
  • DWI
  • Manslaughter
  • Criminally Negligent Homicide
  • Aggravated Assault
  • Intoxication Manslaughter
  • Intoxication Assault

15. Can I Claim Compensation For Stress After a Car Accident?

When trying to make a claim for stress or emotional distress resulting from a car accident, there are typically two different routes you can take. The claim you make will depend on whether the harm caused by the car accident was negligent or intentional.

Negligent Infliction of Stress

When making a claim for negligent infliction of stress or emotional distress, you will need to prove that you also suffered a physical injury. This means that if you suffer physical injuries, such as a broken arm or leg, and develop emotional trauma or stress as a result, you can make a compensation claim on the grounds of negligence.

Even if you only suffered a minor physical injury, you may still claim compensation for anxiety or stress in a negligence claim. For example, you can make a whiplash and anxiety claim if you suffered whiplash from a car accident.

Intentional Infliction of Stress

If you want to seek compensation solely for stress, emotional trauma, or anxiety, without having suffered physical injuries, you will need to prove that there was an intentional infliction of emotional distress. To prove intentional harm in a car accident case, you must show:

  • The at-fault driver’s conduct was intentional or reckless
  • The conduct they engaged in was outrageous and extreme
  • As a result of this behavior, you suffered emotional distress

It can be quite difficult to prove intentional infliction of emotional distress, and you will need a strong attorney with experience in these types of claims to help you with your case. Most compensation claims for stress are based on grounds of negligence, as it is much easier to prove and you are more likely to be awarded compensation.

16. How Much Compensation Can I Claim?

The amount of compensation that you can recover in a car accident claim depends entirely on the particular circumstances of your case, including the amount of harm you suffered and the level of fault of the other driver.

When it comes to emotional suffering, such as stress, anxiety, or related emotional distress, it can sometimes be more difficult to calculate the amount of compensation you are entitled to. This is because there is no specific method to calculate psychological injuries, such as stress or anxiety like there is with physical injuries.

Typically, a Judge will base their calculation on the amount of harm you suffered because of the car accident plus the experience you will continue to experience. This can include hospital appointments, time off work, visits to a counselor or psychiatrist, and other costs related to your stress.

There is no one way of determining how much compensation you may be entitled to without speaking with an experienced car accident lawyer. They can help evaluate your case and give an estimate of the amount of compensation available for your case.

Types of Car Accident Compensation

To recover compensation for stress or emotional distress resulting from a car accident, you will need to make a claim for damages. There are different types of damages you may claim, depending on the particular circumstances of your accident. These damages can include:

  • Medical bills – If you were hospitalized or went to see a medical professional because of your car accident injuries, you can make a claim for medical bills. This includes medical costs relating to hospital appointments, medical treatment, therapy sessions, and ongoing care.
  • Lost wages – You can claim compensation for lost wages and future potential earnings if you were unable to work because of the mental anguish you suffered as a result of the car accident.
  • Property damage – If your vehicle or personal belongings were damaged in a car accident, you can claim compensation to cover the costs of repair or replacement.
  • Pain and suffering – These damages can be used to recover compensation for emotional anguish and distress after a car accident. To recover these damages, it must be shown that injuries suffered during a car accident caused a person to suffer from emotional distress or anguish.
  • Wrongful death – If your loved one was killed in a car accident, you can file a compensation claim to recover funeral costs and a loss of income to the household.

An experienced car accident attorney can help you seek compensation and assess what type of damages you may be entitled to claim for your case. If you suffered a physical injury on top of emotional distress, a talented lawyer can help ensure that you get compensation for both types of harm.

Proving Emotional Distress in Car Accident Claims

To recover emotional distress damages, your attorney will need to prove that you suffered stress, anxiety, or PTSD because of the car accident and that this mental distress has had a significant impact on your life. However, proving emotional distress from a car accident, such as stress, anxiety, and PTSD, can be extremely difficult.

It is important to keep as much evidence as possible from the car accident relating to your harm. This evidence could include:

  • Medical records
  • Receipts for medication
  • Proof of lost wages
  • Notes from your doctor or psychiatrist
  • Journals, social media posts, messages, or other documentation illustrating your thoughts and emotions following a car accident
  • Testimony from family and friends about the harm you have suffered and how your life has changed
  • Evidence of hobbies and activities that you used to take part in that you no longer do because of the severe stress you are suffering from

A personal injury lawyer from Chris Morrow Law, PLLC, can help you gather evidence and information to prove that you suffered emotional distress as a result of the car accident. They will use this evidence to build a convincing argument on your behalf and ensure that you get the compensation that you deserve.

Bystander Claims in Austin, Texas

Often, people suffer a huge amount of stress or emotional trauma when they witness a car accident, particularly if their loved ones were killed or suffered severe harm. There is a way to recover compensation for emotional distress that you suffered because of your loved one dying in a car accident, as a bystander claim. For a successful bystander claim, you must prove:

  • A close relative was killed in a car accident
  • You were close to the accident scene and watched it occur
  • You suffered emotional distress as a result

A ‘close relative’ can be defined as parents, siblings, children, spouses, and grandparents. You will need to prove to a court that you had a close relationship with the person who was killed in the accident to recover compensation for the emotional distress suffered.

It can be helpful to hire an experienced personal injury attorney that has experience handling bystander claims. For such a traumatic event, trying to prove your close relationship in court or with an insurance company can be difficult. A lawyer from our law firm can help gather evidence on your behalf to prove your relationship and demonstrate that you suffered emotional trauma as a result of the accident.

17. Can a Car Accident Attorney Can Help Me? 

Car accident claims in Texas can be quite complex, particularly when trying to recover compensation for stress. Although stress, anxiety, and emotional distress are some of the most common injuries resulting from car accidents, trying to recover damages for this type of harm can be extremely difficult.

A car accident attorney can help you by offering strong legal representation throughout the entirety of your case. This means speaking with insurance companies, advising you on what you may be entitled to, examining evidence relating to your case, and building a strong argument for compensation on your behalf. Insurance companies are reluctant to hand out compensation for stress and emotional distress, which is why you will need the help of an experienced attorney to fight on your behalf.

An attorney who has experience claiming compensation for emotional distress will know how to best handle your case. They will speak with witnesses to the scene, calculate medical expenses, consult with doctors to assess the extent of the psychological trauma you have suffered, and pursue compensation on your behalf. They know how to speak with insurance companies, and will understand the tricks and tactics they may use to deny you compensation.

A personal injury attorney will also help ensure that you do not suffer from other emotional challenges while seeking compensation, as they will take over the case on your behalf. This means that you will have more time to recover from any stress or anxiety symptoms and help you continue with your life after a car accident.

 Contact Chris Morrow Law, PLLC Today!

Although drivers are legally required to have liability insurance in Texas, there is a shocking number of uninsured drivers on the roads. When considering the high cost of medical bills and other damages after a car accident, this is incredibly frustrating. Even if you can make a claim with your own auto insurance company, it may not compensate you fully, especially after a serious car accident.

At Chris Morrow Law, PLLC our commitment lies in advocating for our clients with the utmost dedication. We prioritize developing a strong attorney-client relationship and ensuring that our clients are informed and educated throughout the legal proceedings. As your representatives, we will strive tirelessly to fight for your interests.

After a car accident with an uninsured driver, you may feel hopeless, but there may be options available to you. We offer a free consultation and work on a no-win, no-fee basis, so you have nothing to lose by reaching out to us today and gaining clarity on your next steps.

Call us today and arrange a free consultation with an experienced car accident attorney at 512-729-1972.

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