Q: How to get compensation for mental issues after 2 accidents? Can I get car repaired first and seek other damages later?
Our leased car was hit by another driver who was at fault.I am already suffering from severe anxiety & physical injuries from a previous accident last year & I am getting private disability payments.I am still getting treatment from a psychiatrist,surgeons have told me to undergo major surgery & warned me to be careful not to get into accidents as it can cause paralysis. Luckily, in the 2nd accident, my injuries are not worse & nobody else was hurt.But I suffered a severe emotional shock, my anxiety has gone up & it is affecting everyone in the family.We want our car repaired urgently & prefer our insurance to at-fault party’s insurance due to better reputation.Expecting our insurance will collect from other insurance cost of repairs & our deductible through subrogation.But repairs need to pass leasing company’s inspection-should we go thru our insurance or the other insurance?We want same attorney for both accidents.Can we separately ask for pain & suffering for the 2nd accident later
A:
A Texas attorney could advise best, but your post remains open for a week. In looking more closely at your description and noticing that you have an attorney, she or he would be in the best position to answer your questions.
But in general nationwide, someone could have their car repaired and then move on with the bodily injury claim (which you describe as asking for pain and suffering). Just have your attorney review the release very carefully to ensure that you are not relinquishing rights in your bodily injury case with the settlement of the PD claim. Therefore, yes... unless there are factors unknown here, you should be able to ask for pain and suffering in the second accident.
In terms of using the same attorney, check with them that there are no conflicts. In and of itself, representing you in two consecutive accidents should not be a problem. But check with your attorney.
In terms of which insurance to use, that could depend on deductibles, liability, and other possible factors. It might be best if your attorney examines that more closely.
These are only generalities. Your Texas-licensed attorney is in the best position to meaningfully advise on all your questions with consideration to Texas law. I wish you a healthy recovery.
Good luck
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