If you are injured in a car accident and you are not at fault, you may be compensated for damages and losses resulting from the accident. This may include the cost of repairs as well as your medical bills and other expenses that are necessary to restore you to the same quality of life you enjoyed before the accident occurred.

At the outset, we strongly recommend that you consult with a car wreck lawyer to discuss your options. A study by the Insurance Research Council, which is the insurance industry’s research group, has found that insurance companies will pay 3.5 times less on average to a victim is not represented by a lawyer, than to one who is represented by a lawyer.

For property damage, you may be compensated for:

• • Car repair cost
  • If the car is a total loss, the value of the car prior to the accident
  • Any towing or storage fees
  • Rental car fees, if necessary
  • Value of any other personal property that may have been in the accident
  • Loss of use for every day you were without a car

For bodily injury, you may be compensated for:

• • Medical expenses
  • Loss of wages
  • Pain and suffering
  • Physical impairment or disability
  • Mental anguish
  • Inconvenience
  • Disfigurement
  • Loss for the enjoyment of life
  • Aggravation of a pre-existing condition if you had a prior injury

One notable area of damages is the loss of enjoyment of life. These damages fall typically fall within the “pain and suffering” category of compensatory damages. These damages are often subject to intensive debate, given the challenge of placing a monetary value on them.

What constitutes loss of enjoyment of life varies from case to case, but certain courts have upheld that the inability to engage in specific activities may qualify an injured person to compensatory damages. Some courts maintain that a person must be aware of the loss of enjoyment, while other courts consider it allowable if the injury places the party in a vegetative state.

Some of the activities a loss of enjoyment of life claim may entail include sports, dancing, music, sex, social activities and even sleep. The basic rule of thumb is that if you enjoyed an activity prior to your injury and cannot do it any longer because of that injury, you have suffered a loss of enjoyment of life.

Injuries that may be considered as causing loss of enjoyment include:

• Significant facial scarring
• Loss of a limb
• General poor health
• Damage to the nervous system
• Damage to the heart that may cause a shortening of life expectancy
• Loss of sensation (such as smelling, tasting, hearing, feeling, or seeing)
• Depression/anxiety/mental disorders

In Texas, a loss of enjoyment of life claim is subject to the proportionate responsibility rule, which means that if you are found to be 20% at fault for the accident, your claim would be reduced by 20%. If you are found to be more than 51% responsible for the accident, you will be unable to assert a claim for loss of enjoyment of life.

In calculating the amount of compensation for bodily injury, both present and future damages are taken into consideration. Anyone injured in a car accident should consult with a personal injury lawyer immediately to protect their rights to fair compensation for their injuries.

If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.

About The Author

Justin Roberts

Justin is a personal injury attorney at Roberts & Roberts. He focuses his practice on mass tort litigation, where he specializes in helping individuals who are harmed by recalled or unsafe pharmaceutical drugs and medical devices. Justin was named a “Rising Star” by Texas Super Lawyers in 2021, 2022, 2023, and 2024, and has been recognized as a “Top 40 Under 40” attorney by The National Trial Lawyers, The American Institute of Trial Lawyers, and The American Academy of Attorneys. He is a Fellow of the Texas Bar Foundation, a Fellow of The National Association of Distinguished Counsel, and a Member of the Texas Bar College honorary society.

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