Getting seriously hurt in some kind of preventable accident is utterly devastating. In addition to the physical and emotional ramifications, there are often financial repercussions, as well. The associated stress is enough to make anyone feel hopeless in the aftermath.
Fortunately, accident victims are often entitled to compensation. If you were hurt through no fault of your own, you probably have grounds for a personal injury claim. Should you choose to proceed, here’s what you should know:
1. What Kinds of Damages Can You Include in a Personal Injury Claim?
Texas tort law recognizes both the economic and non-economic damages that can stem from accidental injuries. Examples of the former include lost wages, lost earning capacity, medical expenses, property repairs, and objectively calculable damages like the cost of replacement services. As for non-economic damages, claimants can usually make a case for things like diminished quality of life, mental anguish, and pain and suffering.
Keep in mind, however, that you can only recover funds for damages you can prove you actually incurred. As such, it’s imperative to track every associated expense you cover and every struggle you face in the wake of the accident.
In rare scenarios, punitive damages can also be awarded. These generally only apply when the liable party’s conduct constituted malice, fraud, or gross negligence.
2. Does Texas Tort Law Place Any Caps on Personal Injury Payouts?
There are some circumstances in which recoverable damages can be capped, regardless of how much the claimant actually suffered in losses. For example, if a government entity was responsible for the accident in which you were hurt, you may only be able to recover $100,000. This cap increases to $250,000 for those suing a municipality, stage agency, or emergency service organization.
There are also caps on claims involving medical malpractice. Victims cannot typically recover more than $250,000 in non-economic damages.
Finally, punitive damages are capped at $200,000 or twice the economic damages plus the non-economic damages up to $750,000, whichever is greater.
3. What Is the Statute of Limitations for Personal Injury Lawsuits in Texas?
Most compelling personal injury claims that are supported by lots of evidence are settled. Since some do end up in court, however, it’s wise to familiarize yourself with the deadlines that might apply.
In Texas, personal injury plaintiffs usually have two years from the date on which they were hurt, or the date on which the cause of action was discovered, to file a formal lawsuit. There are several exceptions to this statute, though, so it’s advisable to seek legal help as soon as possible to get your case off the ground with plenty of time to spare.
Discuss Your Case with a Personal Injury Lawyer in Houston
Chelsie King Garza, P.C. is a strategic and compassionate professional who has been in the legal field for more than 18 years. If you want to take action against a negligent party, you can count on her every step of the way. Call 713-893-8808 or submit the Contact Form on her website to schedule your free initial consultation with this personal injury attorney in Houston.
