Ask a Lawyer - Archive

Car Wreck Damages Daniel B. Ross

I was in an accident several months ago. Their insurance is paying for my medical and the van being fixed. I was wondering what was fair for a settlement? Lost wages only or should there be pain and suffering to? How do you figured an amount? Thank you.

-- Jen

A. 

I am an attorney in Texas, so this answer may not be exactly accurate under the laws of your state. In any event, damages resulting from a car wreck can vary greatly depending on each case and the extent of the injuries. Typically, damages include medical bills, pain and suffering, and mental anguish both in the past and in the future. Other damages include physical impairment and disfigurement (past and future).

Regarding lost wages, you can seek compensation for your loss of earning capacity during the time you were injured. There may be future loss of earning capacity depending on the extent of your injuries.

In regard to property damage, you can seek damages for the cost to repair your vehicle, the loss of use of your vehicle while it is being repaired, and the diminuation in value following the wreck.

Each case is different and not all people suffer the same damages. There is no "formula" for these calculations. You may want to consider discussing your case with an experienced personal injury attorney to assist you. Good luck!

Daniel B. Ross
Ross|Melton, P.C.
texas personal injury lawyer

-- Daniel B. Ross