Injuries form the basis of both parts of a Dallas injury claim. Medical records and employment records may support economic damages, including medical care already received, medical care reasonably expected in the future, lost income, and lost earning capacity.
The injuries may also support non economic damages, including physical pain, mental anguish, physical impairment, and disfigurement. Anxiety, post traumatic stress, and fear of driving after a violent crash may be included in a claim for mental anguish.
In most cases, an injury lawsuit must be filed within two years of the crash. Future medical needs should be identified and included before that deadline expires. Tex. Civ. Prac. & Rem. Code § 16.003(a).
The force that injures an occupant can also total the vehicle. Photograph and measure damage around the door and side of the vehicle before it is released or sent to a salvage yard.
If a T bone crash causes a death, the case may involve both a wrongful death claim and a survival claim. A wrongful death claim addresses certain losses suffered by surviving family members. A survival claim seeks damages the person who died could have pursued if they had survived. These claims may have a two year deadline running from the date of death. Tex. Civ. Prac. & Rem. Code § 16.003(b).
Fatal and catastrophic crashes can also create losses that exceed the at fault driver’s available insurance coverage. In those cases, identifying all possible coverage can be especially important.
Serious side impact injuries may cost more than the $30,000 per person liability coverage Texas drivers are generally required to carry. Tex. Transp. Code § 601.072. Depending on the facts, available coverage may include uninsured or underinsured motorist coverage, an employer’s policy if the other driver was working, or commercial coverage tied to the vehicle.
Any percentage of fault assigned to an injured person can reduce the available recovery, so the severity of the injuries and the available insurance coverage both have to be evaluated carefully.
If the driver who hit you was intoxicated or acted with conscious indifference to an extreme risk, Texas law may allow exemplary damages in addition to compensatory damages. Exemplary damages require proof of fraud, malice, or gross negligence by clear and convincing evidence. Tex. Civ. Prac. & Rem. Code § 41.003.
An ordinary failure to yield violation does not automatically meet that standard. A gross negligence claim may increase the value and complexity of the case, especially when the underlying injuries already exceed available minimum insurance coverage.
Source: IIHS Fatality Facts 2024, passenger vehicle occupants, compiled from the federal Fatality Analysis Reporting System.
