Damages Recoverable in a Texas Personal Injury Lawsuit

When accidents occur unexpectedly, they can turn your life upside down and leave you more than battered and bruised. It’s important to understand Texas personal injury law in these circumstances. You can receive compensation and create a better future. But that's not as easily done as said.

Filing a personal injury lawsuit in Texas involves a plethora of complex matters that you have to undertake with due concern. “Your suit starts when you file a petition in court, as provided for by Texas Rules of Civil Procedure Rule 22, wherein your facts and damages will be contained,” says lawyer Felix Gonzalez of the Felix Gonzalez Accident and Injury Law Firm.

Understanding the Types of Damages

The Texas personal injury claims considered under Texas Civil Practice & Remedies Code Section 41 are composed of three substantial forms of damages that include economic, non-economic, and punitive.

Economic damages refer to those for which there is some actual cost related to the injury. A typical example of these usually includes medical costs and lost salary/wages. Non-economic damages tackle pain and suffering or emotional distress.

In certain cases, the court can also grant punitive damages. These are more uncommon types of damages that punish heinous behavior.

Calculating Economic Damages

Economic damages are a matter of figures. According to the Texas code, the party has the right to consider all costs. The medical cost, cost of rehabilitation, and lost wages are under this category.

You need to provide evidence such as receipts and pay slips. This proves the value of your claim. Texas law wants accurate proof of all these expenses that help prove their legitimacy in the rule of law.

Do not leave out the future expenses. The future medical treatments or the loss of earning capacity should also be approximated correctly. If necessary, hire a professional who can help you in proving these future projections.

Calculating Non-Economic Damages

Non-economic losses in Texas are not tangible like economic ones and include pain, suffering, mental anguish, and loss of companionship. These might be subjective and, as such, have no receipts.

The severity of the injury will also decide compensation. An injury that can have an impact on your life will bring you more compensation. Calculation of these damages is not easy because they constitute deep personal harm, such as the severity of the injury and the pain caused by an injury.

The damages are also statutorily controlled under Texas law. To that end, for example, section 74.301 limits $250,000 against each defendant for non-economic damage in a medical malpractice case. This increases to $750,000 for all defendants combined.

Understanding Punitive Damages

Punitive damages serve another purpose. Unlike compensatory damages, they penalize the wrongdoer due to abhorrent conduct. Once more, Texas imposes hard restrictions.

Under Texas Civil Practice & Remedies Code Section 41.008, punitive damages cannot exceed $200,000, except they can be up to $750,000 or two times the economic plus non-economic losses, whichever is greater.

These are not automatic and require clear evidence of malicious intent or gross negligence by the defendant. So, establishing eligibility can be pretty hard. On the other hand, it might help when it does in your case.

The Role of Comparative Negligence

The compensation available to you in Texas can be adjusted. Why? This is simply because of the rule of comparative negligence. Texas uses the modified form under Section 33.001 of the Civil Practice & Remedies Code.

If you bear partial fault in your injury, this affects recovery amounts. Your compensation is reduced based on your level of responsibility. In other words, if you are 20% at fault in an accident that is awarded $100,000, you will only be able to receive $80,000. Keep in mind, however, that Texas law disallows recovery if you are more than 50% at fault.

Navigating the Legal Process

The next phase after this process would be discovery, an important phase of the case wherein evidence is shared between parties. You may be involved with depositions, interrogatories, and requests for production.

Settlements often happen before a trial and are much quicker. If no settlement is reached, a case will move on to trial preparations, and evidence and arguments will be presented.

Texas' statute of limitations says you must file within two years from your injury date, per Section 16.003 of the Civil Practice & Remedies Code. All this means you must act fast to preserve your rights entirely.

Strategic Considerations for Your Claim

Texas personal injury laws can be very confusing at times. But knowing possible damages and legal pathways can make a difference.

Arm yourself with this knowledge and use it to your advantage in seeking rightful compensation. That's the only way you can manage expectations and strategize properly with legal counsel.