Austin Car Wreck Lawyer

 If you incurred any medical expenses as a result of an accident, an experienced Austin car accident lawyer can help recover past and future expected medical costs. Under Texas law, a defendant pays for the reasonable cost of medically necessary expenses caused by the wreck. It is the burden of the plaintiff to show that past expenses are necessary and reasonable. In addition, the plaintiff has to prove that the medical expenses were necessary to treat injuries that were caused by the defendant. Usually this is done by testifying about the condition of the accident victim before and after the wreck, but it also sometimes necessitates expert opinions.  

 If you have missed any time from work or had to take paid time off as a result of a car accident, you may be entitled to compensation for past lost wages. Lost wages are considered an economic damage, and certain caps applying to non-economic damages do not apply. If you have severe injuries which affect or impair your ability to work or keep your current job, you may be entitled to damages for loss of income earning capacity in the future.
In a personal injury lawsuit related to a car accident in Austin, Texas, the plaintiff, or the injured party, has the burden of proof with regard to any past or future lost wages. The injured party must prove by a preponderance of the evidence that the negligent party caused the injuries and prevented him or her from working for some period of time. Future lost wages are sometimes trickier to prove since there are no pay stubs for future earnings. Rather, juries consider evidence of whether someone's injuries are so severe as to prevent the injured plaintiff from doing the same kind of work in the future.
Lost wages are difficult to prove for people that do not make an hourly wage. While the math may seem straightforward, there are many traps to be avoided to prove up past lost wages and future loss of earning capacity. If you need help calculating your past or future lost wages, you should contact a qualified Austin car accident lawyer who specializes in collecting lost wages. 

 Under Texas law, a car accident victim with personal injuries can recover non-economic damages to compensate for pain and suffering in the past and expected future pain and suffering. What is pain and suffering under Texas law? Under Texas law, pain and suffering is any physical, mental, or emotional distress. Physical pain is broadly categorized as (1) acute or (2) chronic.  Texas law further divides pain and suffering into past and future expected pain and suffering.

Acute pain refers to the physical distress experienced immediately after the car accident. Acute pain is differentiated from chronic pain because acute pain typically goes away after some period of time.  For example, the pain caused by a large bruise immediately after an accident is considered acute because the bruise is likely going to heal. If an injury is expected to heal and no longer cause pain the future, it's typically considered acute and counts only as past pain and suffering. An experienced Austin car accident lawyer can help document and claim past pain and suffering caused by an acute injury.
Chronic pain is pain that persists and does not go away with time. Typically, chronic pain means there is an underlying injury that needs treatment. In the context of car accidents, the most common chronic injuries happen in the neck, spine, or vertebral column. These injuries often cause chronic pain and rarely improve without treatment. There are various degrees of severity for chronic injuries caused by car accidents, but every accident victim experiences pain differently. A car accident victim with very significant disk herniations may rate her pain as tolerable or minimal, whereas another car accident victim could experience much more painful symptoms with a less severe injuries.

How does an Austin car accident lawyer prove pain and suffering damages? There are two principal sources of direct evidence for pain an suffering. The first is the oral testimony of the car accident victim and the second is medical records as interpreted by a healthcare provider. The best source of pain and suffering testimony is the car accident victim himself. But obviously, this presents some problems. There is no universal language to talk about pain. In our culture, many people feel pressure to hide their pain symptoms or downplay injuries. People feel that they cannot talk or explain their pain to others for fear that they will not be believed. This is a significant problem for car accident lawyers representing car accident victims because the stereotype is that car accident victims actually overstate their injuries. The result of this is that pain and suffering claimants typically only receive compensation when their pain is "believable." So car accident victims with difficulty communicating their pain have a harder time recovering their pain and suffering damages. A non-English speaker may have difficulty describing his symptoms and that could negatively impact his pain and suffering claim. For a non-English speaking client, it is important to hire a car accident lawyer that understands their language. 

The second most important source of direct evidence of pain and suffering damages are the medical records or medical testimony of a healthcare provider. Healthcare providers like physicians, nurses, chiropractors, EMTs, and others are taught to document symptoms, including pain symptoms in real time. Additionally, some may qualify as medical experts that can testify as to what injuries are causing the accident victim's pain and suffering. Healthcare providers typically categorize the symptoms or "findings" as either objective or subjective findings. An objective finding would be some symptom that is readily observable and not really up for interpretation. An example of an objective finding would be an X-ray showing a broken bone.  On the other hand, a subjective finding is one that is based on the accident victim's own words. When the doctor asks how badly an injury hurts on a scale from 1 to 10, that is asking for a subjective measure of pain. One person's 10/10 pain may be very different from another person's and so the finding is said to be subjective.
An experienced Austin car accident lawyer can help you navigate your pain and suffering claim. If you have any questions on how to make a claim for pain and suffering after a car accident or other injury in Austin or Central Texas, call the Ardalan Law Firm at (512) 931- 4911. 

 Car accidents are traumatic events that can cause stress, anxiety, fear, and sometimes depression. Some individuals are affected more intensely by the shock of being involved in a car accident or other traumatic event. Fear of driving, fear of being in a car, or increased anxiety are common among accident victims. While each case is different, severe trauma from a car accident can also exacerbate existing mental conditions and disorders. There are more severe forms of mental anguish like post-traumatic stress disorder, which is a chronic condition, or other severe mental disorders caused by traumatic brain injuries (TBI). Consult with an Austin car accident lawyer to determine what mental anguish damages may be available in your claim.  Call a qualified car accident lawyer in Austin, TX at (512) 931- 4911.  

 Car accidents are traumatic events that can cause stress, anxiety, fear, and sometimes depression. Some individuals are affected more intensely by the shock of being involved in a car accident or other traumatic event. Fear of driving, fear of being in a car, or increased anxiety are common among accident victims. While each case is different, severe trauma from a car accident can also exacerbate existing mental conditions and disorders. There are more severe forms of mental anguish like post-traumatic stress disorder, which is a chronic condition, or other severe mental disorders caused by traumatic brain injuries (TBI). Consult with an Austin car accident lawyer to determine what mental anguish damages may be available in your claim.  Call a qualified Austin car wreck lawyer at (512) 931- 4911.  

 Loss of companionship or loss of consortium refers to the loss of enjoyment of another family member's presence or company. Most notably, this type of damage is claimed when a spouse is killed or seriously injured as a result of someone else's negligence. Typically, the spouse of the car accident victim can claim loss of consortium if there has been a loss of company of intimacy in the past or the expected future.  The parents, spouse or children of a decedent car accident injury victim can claim loss of consortium as well. An Austin car accident lawyer or Austin car wreck lawyer can help you determine whether you or your spouse have a claim for loss of consortium damages.
How does a car accident lawyer prove loss of consortium? Loss of consortium is a non-economic damage, and as such, it is hard to quantify.  

 In a fatal car crash, both the estate of the deceased accident victim and other close relatives may have causes of action against the negligent driver. If the deceased car accident victim had children, a spouse, or parents at the time of death, those individuals are entitled to wrongful death damages for the loss of their loved one. The deceased accident victim's estate may also have a survival claim for his damages.  Damages calculations following a car accident fatality are difficult to quantify and it is necessary to consult with a qualified Austin car accident lawyer as soon as possible.  

 The goal of any personal injury claim is to make the victim whole again. As such, the amount of money recoverable depends on a multitude of factors; the most important of which is the extent of the damages caused by the accident. Car accident victims are entitled to what's called actual damages, which are divided up into economic and non-economic damages. Your economic damages are those that can easily be quantified like out of pocket costs, medical expenses, and lost wages. Non-economic damages are those that are harder to put a precise number on like mental anguish and pain and suffering. The amount that you can recover in a car accident lawsuit or settlement also depends on the facts surrounding the accident and the severity of the wreck. To get an estimate of your potential damages, contact a car wreck lawyer in Austin, TX today.