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How Are Pain and Suffering Determined in a Car Accident in Beaumont, TX?

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How Are Pain and Suffering Determined in a Car Accident in Beaumont, TX?

Car accident injuries are never easy to put up with. Besides huge expenses and financial losses, they bring about significant pain and suffering. Their victims go through traumatic experiences, which take their toll on their quality of life.

The good news is that this pain and suffering is subject to compensation under Texas laws. The bad news is that actually obtaining compensation for them is not easy. It takes the experience, knowledge, and skills of a car accident lawyer in Beaumont.

The Challenges of Obtaining Compensation for Pain and Suffering after a Car Accident in Beaumont, TX

Texas car accident compensation claims can include economic and non-economic damages.  Economic damages are fairly easy to quantify and prove. They refer to car repairs, medical bills, lost wages, and similar expenses. These usually come accompanied by bills and receipts.

Non-economic damages are a completely different story. They aim to associate a monetary value with traumatic car accident experiences. Common examples of pain and suffering include:

  • Mental anguish and anxiety
  • Depression or loss of enjoyment
  • Temporary or permanent physical impairment
  • Medication side effects and associated discomfort
  • Disfigurement and its impact on the sufferer’s life
  • Loss of consortium or services
  • Reputation damage, and more.

In order to obtain compensation for pain and suffering, a claimant will have to follow three simple rules.

Rules a Claimant or Their Car Accident Attorney in Beaumont Will Have to Follow

  • File the claim in time.

Texas statute of limitations allows two years for property damage and personal injury claims. The only exceptions refer to minors, disabled claimants, and late discovery. If your car accident occurred months ago, contact a car accident lawyer in Beaumont as soon as possible. They may be able to help even if the deadline has already passed.

  • Prove their pain and suffering.

In Texas, only those who incurred injuries in a car accident can claim pain and suffering. This option is not available to witnesses or those who incurred only property damage. The more evidence you provide and the more intense your pain and suffering, the more money you can obtain. Common evidence includes medicine leaflets, witness and expert testimonies, medical letters, and so on.

  • Prove the other party’s liability.

Texas is an “at-fault” state. The party at fault for an accident (or their insurer) will cover the damages they caused. However, the rule only applies if the claimant is less than 50% at fault for the accident. To obtain compensation, you have to prove you were less at fault for the accident than the defendant. This can be challenging without the help of a car accident lawyer in Beaumont.

Unlike other types of damages, pain and suffering are not subject to caps. The only types of claims subject to caps are:

  • Claims against the government (capped at $100,000)
  • Healthcare claims (capped at $250,000)
  • Community service-related claims (limited liability and various caps)

To assess your pain and suffering compensation claim, you should consult a car accident attorney. Beaumont is home to several experienced lawyers. Many of them provide free case reviews. This means you can obtain their opinion without paying.

Generally, you should stay away from lawyers promising miracles or mentioning huge amounts. The value of your claim lies in your injuries and the available evidence. The experience of your car accident lawyer in Beaumont will play an important part as well.

A dedicated car accident attorney may support their case with witnesses, medical studies, and case precedents. They will carefully listen to your side of the story and conduct their own investigations to back it up. If the defendant’s insurer denies your claim or offers a low compensation, they will file an appeal.

The bottom line is that your pain and suffering will not remain uncompensated. However, the value of the compensation will depend on your case and your lawyer’s commitment. To ensure the best outcome, you should hire a reputable attorney from Brent Coon & Associates.

Contact a Brent Coon & Associates Car Accident Lawyer in Beaumont Now!

Do you want the best outcome for your car accident claim? You probably have unanswered questions and you could use some advice. At Brent Coon & Associates, we provide all these and more. Our attorneys understand pain and suffering and know how to prove it. They also provide free case reviews, so consulting them will not cost you anything. To convince yourself, dial (409) 242 – 5527 or fill in the contact form. We look forward to hearing from you!

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