If you have been injured due to someone else’s negligence, you might be wondering what compensation you could be eligible to recover. Texas law allows for several types of personal injury damages for your physical, financial, and emotional losses after an incident. With guidance from a skilled personal injury attorney at Wolf Law PLLC, you can determine what damages you may be owed and how to successfully pursue them.
What Are Personal Injury Damages?
If you were injured in an accident due to someone else’s negligence, you may qualify to receive personal injury damages covering any and all losses you incurred associated with your accident. These losses could include medical bills, missed wages, and pain and suffering.
A damage settlement should restore you to the financial situation you were in before your accident through compensation paid by those liable for your injuries or their insurance provider.
Compensatory damages are intended to repay the injured party for the losses they sustained. The two main types of compensatory damages for personal injury claims are called special damages and general damages.
Special Damages
Special damages are losses directly associated with actual economic losses with a specific monetary sum that are paid out as a result of the personal injury. These damages can be calculated easily but require effective documentation to support your claim, such as receipts, bills, invoices, and repair estimates.
Common special damages include:
- Medical expenses
- Hospital bills
- Future continued medical care
- Travel costs
- Property damage
- Lost wages due to time off for your injury
- Funeral expenses for a wrongful death case
General Damages
General damages can be harder to calculate as they tend to be more subjective. These are compensatory damages awarded for non-economic losses such as pain and suffering. General damages may be awarded as a multiple of the amount of exemplary damages. Another method is per diem, which calculates a set amount for each of the days the injury took to heal.
Some examples of general damages in personal injury cases can include:
- Physical pain
- Mental and emotional anguish
- Decreased quality of life
- Loss of consortium
- Physical impairment or disfigurement
- Chronic pain
- Loss of a career
- Diminished earning potential
Punitive Damages in Texas
Under Texas laws, punitive or exemplary damages are an extra financial sum that can be awarded as a punishment to the defendant. These types of damages are only really awarded in cases of extreme negligence, malicious actions, or other severe situations. These damages are meant to punish the defendant and deter similar behaviors rather than to serve as compensation for the plaintiff.
Your personal injury attorney can prepare materials to support a request for punitive damages, but it is usually up to the judge’s discretion. As a general rule, you should not plan for punitive damages since the burden of proof is very high.
Factors that Determine the Value of a Personal Injury Settlement
Many factors will factor into determining the value of your personal injury settlement. These could include the severity of your injuries, the type and amount of negligence shown by the defendant, and whether you share any of the liability. If your injuries are particularly severe, there will be more awarded to compensate for the length of recovery and various medical bills such as hospitalization expenses, surgeries, physical therapy, and doctor’s appointments.
If the defendant showed a reprehensible amount of negligence, reckless behavior, or malicious intent, punitive damages may be awarded by the court. Even if you share some of the blame for the accident, you are still allowed to collect a settlement as long as your share of the blame is less than 50%.
Under Texas Civil Practice & Procedure Code 33.001, damages will then be adjusted by subtracting the amount of blame you were assigned. Working with a Dallas personal injury lawyer can help you by calculating a comprehensive settlement and negotiating with the liable party’s insurance for your best possible outcome.
Receiving Damages in Personal Injury Case Settlements
Damages are typically paid out after successfully negotiating directly with the liable party or their insurance. Even if a personal injury lawsuit must go to trial, the other side can choose to settle and avoid complications in court or continued legal fees. If you worked with a lawyer, the check could route directly through them depending on your agreed-upon contract and their fees will be subtracted from your settlement.
Most personal injury lawyers will work on a contingency fee, which means no out-of-pocket money is required from the plaintiff until the case reaches a settlement. Then, their fees and any additional costs will come directly out of the payout.
Settlements Before Trial
If your attorney successfully negotiated with the other party or their insurance provider, your case may settle without going to court. Once you have reached an agreement, you will sign a release and then receive a check from the liable party’s insurance company. Depending on the situation, your settlement payouts may be received as a lump sum or as a structured settlement which is paid off over time.
The insurance company can send this to your attorney’s office or to an escrow account. The account will hold the funds so they can be distributed toward attorney fees, medical bills, or other outstanding expenses. Once all these liens are paid, the remaining funds will be sent to you.
Settlements After Trial
The judge or jury will determine the liability of each party involved and determine whether the requested settlement is appropriate. If no settlement is reached before the case is given to the jury for a decision, all parties must abide by their verdict. At that point, the liable party must pay the jury award, if there is one.
Remember that your personal injury attorney will work to ensure little to no blame is placed on you, which can maximize your compensation.
Statute of Limitations for Texas Personal Injury
When a personal injury occurs, the clock starts ticking on the time you have to file a claim against the at-fault party. In Texas, under Civil Practice and Remedies Code Sec. 16.003, the statute of limitations is two years from either when the injury occurred or when it was discovered, whichever was later. This limitation is typically very strict, but some exceptions occur, so be sure to consult a personal injury attorney no matter the time that has passed.
Get Help With Your Personal Injury Claim
If you need personal injury damages and compensation explained, it is likely that you would benefit from legal assistance for your or your loved one’s personal injury. Our office specializes in Texas personal injury cases. Trust in our Dallas personal injury lawyers at Wolf Law PLLC to get the compensation you deserve to move forward with your life. Contact us for a free, no-obligation consultation and get started today.