Can You Sue After a Car Accident if You Were Unharmed in Dallas?
Anderson Injury Lawyers | October 18, 2022 | Car Accidents
Being injured in a car accident is frustrating. Who pays your medical bills and reimburses you for lost wages? Since Texas is an at-fault state, you can sue the driver who caused a car accident for reimbursement of these costs and other damages.
However, what happens if you are not hurt in a car accident? Can you still sue the at-fault driver in Dallas?
Liability Insurance Is Required for All Texas Drivers
Texas law requires all drivers to have minimum amounts of liability insurance to compensate accident victims if they cause a traffic accident. The minimum car insurance required in Texas is:
- Bodily injury liability coverage of $30,000 for injuries or death to one person
- Bodily injury liability coverage of $60,000 per accident for injuries or death to more than one person
- Property damage liability insurance of $25,000
Many car accident claims are resolved through settlement negotiations with the car insurance company.
The car insurance company agrees to compensate the accident victim for economic damages, including out-of-pocket expenses, loss of income, and medical expenses. In addition, the accident victim can also recover compensation for their non-economic damages, including permanent impairments, physical pain, emotional distress, and diminished quality of life.
If the person sustains a permanent injury, they could recover compensation or future damages. Future damages could include the cost of ongoing care and diminished earning capacity.
Suing a Driver for Property Damage After a Car Accident if You Were Not Hurt in Dallas
Even though you were not physically injured in a Dallas car accident, you can sue the at-fault driver for property damage. Most crashes cause some level of vehicle damage. The driver who caused the collision is responsible for the damage caused by the crash.
Therefore, the liability insurance company should pay to repair the damage to your vehicle. The insurance company may “total” the car if the vehicle damage is extensive. When a car is totaled, the insurance company pays the owner an amount equal to the vehicle’s fair market value at the time of the accident.
If you cannot settle the property damage claim with the insurance company, you have the right to sue. However, suing for property damage only could be costly. Before filing a lawsuit, discuss your case with a Dallas accident attorney.
Suing a Driver for Other Damages After a Car Accident if You Were Not Hurt in Dallas
Most car accident lawsuits are filed because the plaintiff sustained physical injuries that resulted in damages. The damages can include pain and suffering, in addition to financial losses.
Typically, the types of damages included in a car accident lawsuit include:
- Reimbursement for the cost of diagnosing and treating physical injuries, including hospital bills, diagnostic tests, ambulance services, doctor’s bills, medications, etc.
- Reimbursement for the loss of income if you cannot work because of your injuries, including salaries, benefits, wages, overtime, commissions, bonuses, etc.
- The amount of money you could have earned in the future had you not sustained a permanent impairment or disability
- Out-of-pocket expenses and costs, including personal care, household services, and travel costs
- Pain and suffering damages caused by physical injuries, emotional distress, or mental trauma
- Loss of enjoyment of life or quality of life because of your injuries and emotional trauma
- Scarring, disfigurement, and disabilities resulting from physical injuries sustained in the car crash
The value of your damages depends on the facts of your case. Catastrophic injuries can increase the value of damages. These injuries could include internal organ damage, traumatic brain injury, amputations, and spinal cord injuries.
However, if you are partially to blame for causing the car wreck, your compensation for damages can be reduced under Texas contributory fault laws. Also, failing to mitigate damages could result in a reduction of your damages award.
What About Emotional Injuries?
A person can sustain emotional distress and mental anguish without physical injuries. For example, the trauma caused by a car accident can result in PTSD (post-traumatic stress disorder), chronic anxiety, and severe depression. These conditions can result in pain and suffering, therapy bills, and other financial losses.
You can sue for a car accident in Texas if you do not sustain physical injuries. However, it is challenging. The first step is to contact an experienced car accident lawyer in Dallas to discuss your case.
A car accident attorney reviews the facts of your case, the evidence proving fault, and the damages you sustained because of the car crash. The attorney can provide you with an honest assessment of your chances of winning a lawsuit against the other driver, given the facts of the case.