Plano Side Impact Collisions Lawyer
A side-impact collision occurs when one vehicle crashes into the side of another. Statistically a bit less devastating than head-on collisions, these kinds of accidents are still highly dangerous and can result in much more serious injuries than a rear-end fender-bender. This is partly due to the fact that these collisions often happen at intersections while a vehicle runs a stop sign or red light (and is thus traveling at a high speed) as well as the fact that side impacts are at a higher risk than other crash types for vehicle rollover. Injuries that result from side-impact collisions can be life-altering, such as the following.
- Traumatic Brain Injuries (TBIs)
- Lost limbs
- Crushing injuries
- Road rash
- Increased risk of pediatric injuries
At Fears Nachawati, our attorneys understand the turmoil that you and your family are going through. We have worked with numerous clients in the Plano area and have the ability to help you build a strong case for significant compensation.
Getting Money for My Injuries
After a serious side-impact collision in Plano, your life can be affected in many ways. Of course, one of the first items that come to mind is the cost of any medical care you require. But there is much more that goes into the value of your claim, and a skilled Plano side-impact collision lawyer can help you compile a complete list of the harms for which you need compensation.
Medical expenses are only one form of so-called “economic damages” that you may suffer. These harms are those that directly affect your finances. Other examples include lost wages due to having to miss work from injury, lost ability to earn a similar paycheck in the future, rental car fees, car replacement or repair costs, and similar harms.
The second category of your compensable damages includes all those harms that are not monetary in nature. These tend to be somewhat subjective, so it is important to bring an expert witness into the case who can attest to the appropriate values for non-economic harms. Examples of this kind of damage include your physical pain, mental anguish, anxiety related to disfigurement, loss of companionship with your spouse, and the like.
Finally, a special category of damages exists, called exemplary damages, that is not considered a form of “compensable damages.” Instead of being factored into the value of your claim and argued for by you and your Plano side-impact collision lawyer, this form of compensation is added by the judge or jury as a form of punishment toward the at-fault driver. Texas Civil Practice and Remedies Code §41.008 sets the limit for this punitive damage at the higher of the two following amounts.
- Twice your economic damages, plus up to $750,000 of your non-economic harms.
Though your attorney does not argue for this directly, building a strong case for especially egregious behavior on the part of the opposing driver may lead the jury to award exemplary damage and increase your compensation significantly.
Why Fault Matters
Fortunately, Texas is not one of the states in which you are barred from recovery if you are even one percent responsible for your accident. Instead, our state uses a system called proportionate responsibility to make a fairer and more just resolution possible. The system has two main stipulations that are important to know going into a claim.
When I Can Sue
The first part of the proportionate responsibility system is that you are able to recover compensation as long as you are no more than 50% responsible for the accident. This prevents the person who is mostly at fault for a wreck from suing the other party.
How Much My Compensation Is Affected
Secondly, the amount of compensation you get in your claim will be reduced in direct proportion to your share of the blame. So, if you are 10% responsible for the accident, your compensation package will be lowered by 10% as well. That may seem insubstantial, but it represents a significant loss of potential finances. If you suffered $200,000 in damages, for example, that 10% reduction is a full $20,000.
I Deserve a FREE Consultation
Fears Nachawati knows that injured people have enough stress in their lives: changing schedules, a difficult physical recovery process, worries over finances, and more. That is why we offer clients a FREE consultation to discuss the details of each claim, and it’s also why we do not collect a fee unless we get you the compensation you deserve.
Call us today at (214) 305-8277 or fill out the form on our contact page to schedule your consultation now!
Frequently Asked Questions
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