If your spouse can no longer have children after suffering injuries in a car accident, we can try to recover on your behalf because of this loss. All too often, car accident victims suffer serious, life-changing injuries that significantly alter their quality of life. The inability to have children or give your children a younger sibling may be one of the intangible losses.
Victims might be able to get compensation not only for medical care they need to treat their accident injuries and for the loss of enjoyment of life and other losses associated with losing the ability to have children. In the most extreme cases, your injuries might even prevent sexual intimacy with your spouse, opening up the possibility for loss of companionship as well.
Recovering Economic Losses Related to This Type of Injury
In some cases, surgery or other medical treatment may be available to help your spouse regain their ability to get pregnant or father a child. If you win a payout from the liable party in the car accident, this expense can be part of it. Other economic damages you might collect include:
- Other medical bills
- Rehabilitation and physical therapy costs
- Lost wages
- Diminished earning capacity
- Costs associated with paying someone to cover your household duties
- Repair or replacement of your car
- Out-of-pocket expenses
In some cases, we may be able to build a case to argue for help paying costs related to the fact you can no longer create your family as you planned. This could include adoption fees, the cost of in vitro fertilization, or other expenses.
Understanding Noneconomic Damages
Noneconomic damages you may be able to recover from an accident where you or a spouse loses the ability to have children could include:
- Pain and suffering
- Physical impairment
- Mental anguish
- Diminished quality of life or enjoyment of life
For most people, this is where they will collect the majority of compensation if they can no longer have children after an accident. Under Texas law, you can try to recover for any physical pain or mental suffering you experienced that would not have happened if you were not in the crash.
The mental pain and suffering you experience can cause significant emotional and psychological torture. If you went through — or your spouse is still going through — distress, depression, anxiety, or other mental health concerns because they lost the ability to have children, we can try to recover damages for your mental pain and suffering.
Calculating Your Losses
Calculating the value of noneconomic losses is a complex concept that often relies on both computer estimates and knowledge based on experience in the industry. For economic losses, we can add up your medical bills, receipts, and other losses based on the paperwork you submit to us. This is relatively straightforward, except for one thing: you may also be able to recover compensation for the expenses we reasonably expect you to have in the future.
As you can imagine, this can be much more difficult to calculate. We may need to call in medical expert witnesses who can explain your condition and possible future care, or talk to experts about the costs of adoption or other options for growing your family.
When it comes to pain and suffering losses, the same is true. In addition to how difficult it can be to put a monetary value on the losses you already experienced, we need to estimate the value of your future losses. These losses are intangible, but we can help you put a price tag on them and fight for full compensation from the at-fault driver.
Let Us Help with Your Texas Car Accident Case Today
At D. Miller & Associates, PLLC, we understand how hard it is to lose your ability to have children. We can help you build a case against the at-fault driver, allowing us to fight to try to hold them liable for the damages you suffered. Let us go to work for you.
We handle all cases on a contingency basis, so you do not have to pay attorney’s fees unless we win a payout in your case. Call us today at 713-850-8600 for your free case evaluation.