What Personal Injury Compensation Is Available in Texas?
December 19th, 2024If you’ve been hurt because of someone else’s actions, you might be wondering, “What is my personal injury claim worth?” The answer is that the value of your claim depends on many factors, like how serious your injuries are and how they affect your daily life.
To get an accurate estimate of the value of your personal injury claim, you can consult an experienced personal injury attorney. Keep reading to learn more about what personal injury compensation in Texas may be available to you.
The Three Types of Personal Injury Compensation
After suffering a personal injury, it’s important to understand the types of compensation that are available in personal injury cases. Knowing this information can help you advocate for a fair settlement. Below you can find the three types of personal injury compensation Texas offers:
Economic Compensation
Economic damages are compensation for financial losses caused by another person’s negligence or wrongdoing. Calculating this compensation is usually relatively straightforward because the damages involved are real expenses and losses. The total economic compensation the injured party is entitled to is the sum of the current losses and an estimated figure of future losses.
Non-Economic Compensation
The second type of compensation available for personal injury claims is non-economic compensation or pain and suffering damages. This payment is usually awarded for damages related to emotional and psychological harm. These damages are often much harder to calculate compared to economic losses because the harm involved has not set monetary value. Under Texas personal injury laws, these damages are calculated using the multiplier method, which we’ll explain in greater depth in a section below.
Punitive Compensation
Punitive damages are paid to victims to punish the at-fault party for intentional, reckless, or malicious actions. This compensation is usually calculated based on factors like:
- The type of actions the at-fault party took
- The at-fault party’s financial situation
- The danger the victim faced during the accident
- The risk others could face if the defendant isn’t punished
Economic Compensation Available in Texas
If you’ve experienced economic damages because of a person’s negligence or wrongdoing, you can seek compensation to make up for your financial hardships. If you’re unsure how to calculate your compensation, a good personal injury attorney can help. Here’s a brief overview of the types of economic compensation available through personal injury lawsuits:
- Medical Expenses: You can receive money to cover your hospital bills, doctor visits, surgery, medications, therapy, and future medical treatment.
- Lost Wages: This compensation covers the income you missed because you couldn’t work while recovering.
- Future Lost Earnings: If your injury affects your ability to work in the future, you can make a claim for lost income.
- Property Damage: If your car or belongings were damaged in an accident, you can get money to repair or replace them.
Non-Economic Compensation Available in Texas
Non-economic compensation covers all damages that cannot be quantified. Under Texas law, it is available for two types of damages: physical and mental damage.
- Mental Damage: This compensation covers mental conditions such as depression, PTSD, mood swings, and anxiety.
- Reduced Quality of Life: This compensates for the inability to participate in activities you used to enjoy.
- Loss of Consortium: If your spouse or loved one gets killed or injured, this compensation would cover the love and companionship you would have otherwise received from them.
- Pain and Suffering: This compensation is meant to make up for the physical pain and suffering you faced during and after the accident.
How Is Non-Economic Compensation Calculated in Texas?
Non-economic damages aren’t easy to quantify. Rather than adding together estimated costs, the multiplier method is used to determine what the victim may be entitled to. Using the multiplier method, the total economic damages are multiplied by a figure between 1.5 and 5. The multiplier for the damages depends on the severity of the injury and trauma sustained.
Is There a Cap on Pain and Suffering Damages in Texas?
Unlike other states, Texas has no cap or limit on the compensation you can get for pain and suffering damages.
Factors That Can Affect How Much Your Personal Injury Claim Is Worth
In Texas, the extent to which the injury affects your daily life determines how much your compensation is worth. The more severe the impact of the injury, the higher the value of your claim. Below are some factors that may affect the worth of your claim:
- The impact on your overall quality of life
- Discomfort caused by the injury and its treatment
- Psychological or emotional distress
- Ongoing or persistent pain
- Your ability to carry out specific tasks
How To Maximize Your Texas Personal Injury Settlement
If you want to maximize compensation for your personal injury claim, taking the right legal steps is important. Here’s what you can do to ensure full compensation for your personal injury settlement:
- Seek immediate medical attention.
- Document everything related to your injury and accident.
- Hire a personal injury attorney.
- Consider the long-term effects your injuries may have.
- File a personal injury lawsuit if your insurance company doesn’t offer what you feel you’re owed.
- Don’t rush to settle.
Do You Need a Personal Injury Lawyer To Claim Compensation?
While you can claim compensation for damages caused by personal injury without the help of an attorney, working with an experienced personal injury attorney can make the process easier and improve your outcomes. Here are a few ways an Austin personal injury lawyer can help with your case:
- Gather the necessary evidence like medical records and witness statements
- Prove how severe your injury is
- Negotiate your claim to get fair compensation
- Identify the at-fault party
- Represent you in court
Get Personal Injury Compensation With Help From Ramos James Law
After getting hurt in an accident, you’re not just dealing with pain; you might also have a stack of medical bills and other expenses to worry about. Getting personal injury compensation in Texas can help cover these costs. However, the process isn’t always simple. Texas personal injury cases can be incredibly challenging.
With the help of a capable personal injury lawyer like Ramos James Law, you can get the compensation you deserve from your personal injury case. Our experienced personal injury attorneys are always ready to work with you to seek justice.