What Damages Can You Recover in a Texas Personal Injury Lawsuit?
When someone is wronged in an accident caused by another party's negligence, personal injury law allows that person to seek justice in the form of financial damages. The purpose of personal injury law is to not only hold those responsible for the harm accountable but also compensate those affected for their losses. In Texas, there are many types and amounts of recoverable damages that a plaintiff may seek.
Texas recognizes both economic and non-economic damages as valid forms of compensation. Economic damages cover any tangible proven financial losses incurred as a result of the incident – such as medical bills, lost wages, or property repair costs. Non-economic damages are more difficult to quantify and include things like pain and suffering, psychological trauma, or loss of enjoyment or life's pleasures. It is important for victims to understand all the forms of compensation available so they can effectively pursue their claims and make a full recovery from whatever injury they may have suffered.
When someone is injured as the result of another person's negligence in Texas, they may be entitled to recover compensation for their injuries and other losses. In order to succeed with a personal injury lawsuit in Texas the claimant must prove four elements of their claim: that the accused owed the victim a duty, that the accused breached this duty, that there was causation between the breach of duty and the claimant's injuries and damages, and that there was actual damage suffered.
Duty refers to a responsibility owed by one person or persons to another under civil law. When someone breaches this duty it typically results in an injury or damages of some kind to another party. With respect to personal injury cases, it is important to understand what legal duties were owed at the time the alleged breach occurred. Depending on circumstances, people have a series of different obligations they are expected to abide by including keeping others safe from harm or reasonably informed when harm may take place. Proving causation can be a complex process requiring expertise; however, if it can be established that the accused's breach of duty resulted in actual damages then liability will likely follow.Texas Law Acknowledges Damages for Personal Injuries.
When a plaintiff's suffering a personal injury sues for damages, Texas law generally breaks down their options into economic and non-economic categories. The terms 'general' and 'special' damages are often used instead as substitutes for economic to refer to economic damages and non-economic damage respectively. Generally speaking, plaintiffs will not need to specifically argue and plead general damages because they are assumed to have occured due to the harm caused. Examples include past and present pain and suffering or loss of ability or quality of life caused by the injury. Special damages have to be pleaded separately in court however, as these type of damages can vary between cases; such as medical bills, lost wages or property damage caused by the negligence of another party. In many cases it may be necessary for an experienced attorney to assess which types of special damages apply, in order for the plaintiff's full compensation rights to be determined and argued correctly in court.The Economic Losses Incurred in Personal Injury Cases in Texas.
Economic damages are a pivotal part of any personal injury case in Texas. Economic damages refer to expenses that can be assigned an exact dollar amount; costs that have actually been accounted for by the marketplace, like medical bills and lost wages. These damages are much easier to quantify than non-economic damages, such as pain and suffering, which may be intangible and cannot be measured financially.
When a lawyer speaks of economic damages, he or she is referring to these types of compensatory losses. Examples of economic damages include medical costs, lost wages due to missed work related to the injury, long-term health care expenditures resulting from the accident, and travel costs associated with receiving treatment. In order to guarantee accurate compensation for a victim's losses in a personal injury case in Texas , it is essential that all economic damages be properly identified and evaluated. When litigating a personal injury claim in court, experienced attorneys will evaluate all available evidence surrounding a claimant's financial losses before attempting to prove their value at trial.Get Help From an Experienced Personal Injury Lawyer in Texas
An experienced personal injury lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident.Contact us today at www.thorntonesquirelawgroup.com for a free consultation.