Can I Get Compensation For Pain And Suffering After A Minor Car Accident?
Getting into a car accident of any kind is not on anyone’s list of things to do. However, we know that car accidents happen all the time in and around our area. According to the Texas Department of Transportation, there were around 250,000 people injured and 3,639 fatalities across the state in motor vehicle accidents during the latest reporting year.In most cases, victims of car accidents are able to recover compensation for their injuries and property damage in the aftermath of an incident. For severe accidents, victims are often able to recover compensation for physical, emotional, and psychological pain and suffering damages as well. However, you may wonder whether you can receive pain and suffering compensation for a minor car accident.
What is considered a minor car accident?
Determining exactly what constitutes a minor car accident can be relatively subjective. Sometimes, what many people consider a minor car accident can cause bothersome or even long-term injuries for those involved. For example, the following may occur:
- A fender bender causes the airbag to explode, leading facial injuries.
- You are rear-ended and experience stiffness in your back or soreness in the neck.
- A loud and traumatic crash triggers headaches, anxiety, or trouble sleeping.
What is pain and suffering?
The term “pain and suffering” refers to both physical and emotional stress caused by the motor vehicle accident and injuries. There are two ways in which a person can recover compensation for their injuries and for any associated pain and suffering after a vehicle accident.
- By filing a claim with the at-fault party’s insurance carrier
- By filing a lawsuit against the at-fault driver directly through a civil court action
The amount of pain and suffering compensation that a person is awarded is generally directly tied to the severity of the injuries a person sustains. For example, a person who sustains a spinal cord injury and partial paralysis that affects their ability to enjoy their daily life activities will likely receive much more pain and suffering compensation than someone who sustains a sprained wrist and recovers within two weeks.However, many minor accidents lead to serious injuries that have long-lasting consequences for a victim. While a simple fender bender may look minor to a bystander, a passenger or victim could sustain whiplash injuries that lead to them being unable to work for a significant amount of time. Minor car accidents often lead to major injuries.To secure pain and suffering damages after a minor car accident, the victim will need to be able to prove did they have indeed endured pain and suffering due to their injuries. With help from an attorney, a car accident victim can present evidence from doctors about the severity of their injury. They could work to show that they are unable to perform daily tasks or work activities due to their injuries. Testimony from family and friends may also be beneficial to help prove that your quality of life has changed due to the car accident injuries.If a car accident injury victim is unable to back up their claim that the injuries they sustained caused pain and suffering, they may receive little to no compensation at all. That is why it is important to secure an attorney soon after an accident occurs in order to ensure you take all the appropriate steps to obtain maximum compensation for your car accident claim.
With the Holidays Coming Up, Do You Know About Texas Drunk Driving Liability?
December is National Impaired Driving Prevention Month. With major holidays like Christmas and New Year’s Eve coming up, work parties and celebrations with friends and family are prevalent. Unfortunately, drunk driving is also a prevalent safety concern around the holidays.
Who Is Responsible for a Texas Drunk Driving Accident?
A drunk driver could face criminal charges for impaired driving and causing injuries to someone else, but that would not recover compensation for the victim. The victim of the accident could have a viable claim to recover compensation if he or she can prove that their injuries and damages were caused by the drunk driver.Texas also has dram shop laws that hold businesses liable for accidents caused by intoxicated customers. For example, if a person who has been drinking at a restaurant for their work holiday party drives home and gets into an accident with another vehicle, then the restaurant who provided the alcohol could share responsibility for the car accident. Not only could the other driver potentially have a claim against the drunk driver, but they could also have a claim against the restaurant.A business could be held liable for a drunk driving accident caused by a customer if:
- The customer was a minor under the age of 18;
- The customer was visibly intoxicated enough to be a danger to himself or other people;
- The customer’s intoxication was an immediate cause of the accident.
Need a Lufkin Car Accident Lawyer?
If you or someone you love has been injured in a car accident caused by the negligence of another driver, contact the car accident attorneys at Mike Love & Associates, LLC as soon as possible to discuss your legal options. An experienced car accident attorney could help you determine fault after a car crash by using tangible evidence and advise you about your best legal options. Call our office at (936) 632-2000 today to discuss your situation.
3 Common Soft Tissue Injuries After a Car Accident
A soft tissue injury is any injury that affects your body’s soft tissues. Soft tissues include muscles, tendons and ligaments. Three common soft tissue injuries that could be sustained in a car accident include:Common Soft Tissue Injury #1: WhiplashWhiplash occurs when a sudden force, like a car collision, causes the head and neck to jerk backward or forward. It affects the neck and back, but it could also cause a head concussion. Effects could include pain and stiffness, nerve damage, headaches and cognitive issues.Common Soft Tissue Injury #2: ContusionsA contusion is a bruise that occurs from blunt force or impact. It affects underlying muscle and tissue. Contusions can cause inflammation, swelling and mobility issues. Depending on the severity of the accident and without medical attention, contusions could cause permanent damage to the body’s soft tissue.Common Soft Tissue Injury #3: Herniated Disc InjuriesSome accident survivors experience back pain. The back is full of soft tissue that is especially vulnerable in the event of a collision. Herniated disc injuries could occur when force is placed on the back and moves a spinal disc out of place. The spinal disc could put pressure on surrounding nerve tissue, causing sharp pain in the back and other limbs.
Should I Seek Medical Attention After a Car Accident?
Yes. First, soft tissue injuries are not visible injuries. Soft tissue injuries could have delayed symptoms for up to a few days, which could make it difficult to identify the source of your pain. Unlike a broken bone, soft tissue injuries cannot be seen using X-rays. Since soft-tissue injuries are not visible to the eye like other car accident injuries, speaking with a doctor is even more important when you want to file a claim with your insurance company or against another driver. Proof that you have received medical attention is important, because insurance companies use medical history to assess the validity of your injury. You should continue seeking medical attention if your injury symptoms persist.
Need a Lufkin Car Accident Attorney?
If you have been injured in a car accident due to the negligence of another driver or entity, contact the car accident attorneys at Mike Love & Associates, LLC. We advocate for victims of car accidents in Lufkin and the surrounding East Texas areas. You could have a viable case to recover compensation for your injuries. Call us today at (936) 632-2000 to discuss your situation.
Attention Parents: Halloween Injuries Could Happen to Your Child
Millions of children in the United States are looking forward to Halloween at the end of the month. Halloween is a free-for-all for children to receive free candy. For parents, it is an opportunity to meet neighbors. However, you should be aware that this holiday can also lead to injuries. Common Halloween injuries may include:Slips and falls. Don’t expect your neighbors to properly maintain their properties. Broken walkways, clutter, and other hazards could contribute to slips and falls. Brain injuries and broken bones are two examples of injuries that could occur after a slip and fall accident.Dog bites. Don’t expect your neighbors to lock up their pets before trick-or-treating begins. Many owners have a habit of assuming their dogs will be friendly with strangers. Unfortunately, dogs may interpret trick-or-treaters and their parents as intruders. Dog bites are a possible Halloween hazard.Car accidents. Motor vehicle accidents are more likely to occur on Halloween (or other holidays in general). There are typically more vehicles on the road. Drunk driving is also more common on Halloween. Unfortunately, this means that pedestrian and car accidents could lead to injuries or even death while trick-or-treating.Halloween decoration injuries. Believe it or not, Halloween decorations can also contribute to accidents. Heated surfaces, candles or other types of decorations may pose fire hazards. Halloween costumes made of flammable materials can ignite when they come into contact with fire hazards.Depending on the circumstances, it may be possible to recover compensation for a Halloween-related injury. For instance, a premises liability claim could be filed for some of the situations described above. It would depend on the specifics of the case. This is why you should consider speaking with an attorney if you or your child suffer harm on Halloween.Mike Love & Associates, LLC is a Texas personal injury law office. To contact us for a free consultation, call our office at (936)632-2000 or use our online review form.
Are Red Light Cameras Really Decreasing Car Crash Numbers?
Over 438 U.S. municipalities, in 36 of the most populous states, have used red light cameras in the past year. These electronic monitoring programs are designed to stop drivers from speeding, running red lights, and preventing cross-street collisions and other traffic accidents. Red lights cameras have shown success in getting drivers to stop at red lights more often. A study done in Virginia found that red lights had actually decreased drivers running red lights by 67 percent. However, 2014 saw 36,675 people die due to traffic accidents. The preceding year saw 2.3 million people injured in traffic accidents. Clearly, red light cameras then do not have much of an effect on traffic safety.Are Red Light Cameras Worthless?While red lights cameras are likely to stop more drivers from running red (or even yellow) lights, they have not shown to have much impact on stopping traffic accidents at red lights and intersections. A study done in Houston found that when red light cameras were removed, angle accidents (such as lane departure crashes) went up by 26 percent. All other types of accidents decreased by 18 percent, however. Given that a third of Houston’s traffic accidents are angle accidents, it seems that the red light camera program’s drawbacks cancelled out its benefits. Furthermore, the study concluded that there was no evidence that red light cameras decreased traffic accidents at all. This would seem to indicate that they are not an effective way to make the country’s roadways safer. Different traffic safety measures are called for, such as improving driver’s education, stiffer penalties for traffic violations and more awareness of potential traffic hazards and what is likely to cause an accident. Questions about your rights after a car accident? Contact the Texas car accident lawyers at Mike Love & Associates for a free consultation.
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