What Are Personal Injury Damages I Can Recover in Texas?
If you were involved in an accident that was caused by the negligence of another, you may be entitled to economic and non-economic damages.
Economic Damages
Economic damages can include:
- Past and future medical costs
- Lost wages
- Loss of earning capacity
- Property damage
- Non-Economic Damages
- Non-economic damages can include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of quality of life
- Loss of enjoyment of life
And more.
Economic Damage Caps
In Texas, there are no damage caps for economic damages. If the injured party has documents that support their losses, they’re legally entitled to pursue compensation for the full cost of economic losses.
Non-Economic Damage Caps
There are no damage caps for non-economic damages in Texas,With the exception of medical malpractice cases, there are no damage caps for non-economic damages.
Damage caps for medical malpractice include:
- Lawsuits filed against healthcare providers or doctors cannot exceed $50,000
- Lawsuits against healthcare facilities cannot exceed $250,000 for each facility, with a total cap of $500,000.
- In Texas, the total damages the plaintiff can recover in a medical malpractice lawsuit is $750,000.
Damage Caps On Punitive Damages
Punitive damages can be capped at $200,000 or double the amount of the economic damages in addition to the amount of non-economic damages up to $750,000, which is greater. Damage caps for punitive damages will not apply if the negligent party committed a felony.
What Factors Can Affect My Personal Injury Settlement?
Several factors can affect the value of a settlement, including:
Severity Of The Injuries
In most cases, the severity of an accident victim’s injuries will have a major impact on how much compensation an accident victim can recover. Usually, the more severe the injuries, the higher the settlement an accident victim will recover. Injuries such as traumatic brain injuries, spinal cord damage, loss of limb, and other types of catastrophic injuries will result in a larger settlement compared to injuries such as soft tissue damage, or sprains.
How the Injuries Have Impacted the Accident Victim’s Life
Life-changing injuries can have a major impact in many areas of the accident victim’s life, including the accident victim’s ability to take care of themself, dress themself, take care of their children, drive, or return to work. If an injury significantly affects an accident victim’s life, this will be taken into account when an attorney is valuing a personal injury claim or lawsuit.
Treatment And Recovery
If the injured party has to undergo significant post-injury treatment their settlement will often be larger to cover the cost of future medical expenses and pain and suffering.
The duration of the injured party’s recovery will also play a major role in the settlement amount.
Level Of Fault
Texas operates under the modified comparative negligence rule. Under modified comparative negligence, an accident victim can recover compensation for their accident-related costs if they were no more than 50% at fault for the accident. However, the accident victim’s settlement amount will be reduced based on their percentage of fault.
Pain and Suffering
If the accident victim sustained serious injuries they may be entitled to pain and suffering damages. Typically, serious physical and emotional injuries can increase the value of pain and suffering damages.
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