Frisco, TX asked in Car Accidents and Personal Injury for Texas

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

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.