Your day begins like any other day on the freeway, but it ends very differently. You are now suffering pain as a result of a fellow driver who crashed into your car while apparently texting behind the wheel. You are still in disbelief that such a life-altering accident could have happened to you, and you feel helpless.
Fortunately, in Texas, you can seek compensation for medical costs and lost wages, stemming from an accident caused by another motorist’s negligence. However, there are a couple of other types of damages that accident victims sometimes overlook but may be recoverable as well: pain and suffering, and loss of consortium.
Pain/suffering refers to any physical or mental distress entitling you to seek damages in a civil lawsuit. If you receive these damages, the damages you receive will be based on your injury type and how serious your pain is. In addition, it will depend on a doctor’s prognosis for the pain you may experience in the future as a result of your injury.
Damages for pain/suffering might also include emotional and/or mental damage resulting from your accident. For instance, perhaps the accident has caused you an immense amount of stress. Maybe you are experiencing strong anxiety following the incident. Court-awarded compensation may help you to address these types of damages.
Loss of consortium
Perhaps your injury will prevent you from being affectionate toward your spouse by engaging in sexual activity with him or her. In this situation, legally known as the loss of consortium, your spouse has the right to seek damages. However, your spouse may not recover these damages unless you receive compensation for your accident-related injuries.
How an attorney can help
If you have suffered harm in a car accident resulting from another person’s carelessness, it is within your rights to file a personal injury claim against that driver, seeking damages. If you can establish the other driver’s liability in the accident, based upon a showing of negligence, you may receive a monetary damage award.
Your award cannot undo the events that led to your motor vehicle accident. However, it may help you to experience a sense of justice in the midst of the accident. As a result, you may be able to more easily move forward from the potentially life-changing incident.