Integrity Law Group PLLC

Understanding Compensation in Personal Injury Cases: What You Need to Know

Car crashes, slip and falls, and medical malpractice are just a few examples of accidents that can result in serious injuries. If you have been hurt, and the accident was caused by another person’s negligence, you may be entitled to damages, or financial compensation. Below, our Houston personal injury lawyer explains the types of damages that may be available in your case.

What are Damages in a Personal Injury Case?

Even the highest courts cannot undo the injuries or harm you suffered due to another person’s negligence. The only remedy then, is to award you damages that can compensate for the physical, emotional, and financial harm you sustained. In Texas, there are three different types of damages you may be eligible for. These are economic, non-economic, and punitive damages.

Economic Damages in Personal Injury Cases

After an accident, you will incur many expenses and financial losses. Economic damages are those that have an actual dollar value and so, they are fairly easy to calculate. Common types of economic damages in personal injury cases are as follows:

  • The cost of medical treatment and care, including physical, occupational, and rehabilitative therapy,
  • Lost income, including wages, salaries, bonuses, and benefits,
  • The cost of household services and personal care,
  • Out-of-pocket expenses,
  • Property damage, and
  • In-home care.

If your accident caused a permanent disability, you may also obtain damages for the following:

  • Reduced earning capacity, if you cannot return to the same line of work in the future,
  • Ongoing medical expenses, and
  • The cost of long-term personal care, nursing facility, or in-home care.

A Houston personal injury lawyer will document your expenses and financial losses to ensure you receive the maximum economic damages you are entitled to.

Non-Economic Damages in Personal Injury Cases

While many of the damages you incur will have a quantifiable dollar value, others will not. These damages are known as non-economic damages. Common examples of non-economic damages in personal injury cases are as follows:

  • Physical pain and discomfort,
  • Mental anguish,
  • Emotional distress,
  • Loss of enjoyment of life,
  • Diminished quality of life,
  • Permanent disfigurement or scarring, and
  • Disabilities and impairments.

Due to the fact that non-economic damages do not have a concrete dollar value, they are very difficult to calculate. A Houston personal injury lawyer will know how to accurately value your claim so you obtain the maximum compensation you deserve.

Punitive Damages in Personal Injury Claims

The third type of damages available in some personal injury claims is punitive damages. Unlike economic and non-economic damages, these are not meant to compensate you for your losses. Instead, they are intended to punish defendants for certain types of wrongdoing and to deter them from acting in a similar manner in the future.

To receive punitive damages, you must prove by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. A case must also have specific circumstances in order for punitive damages to apply, and the burden of proof is also much higher. For these reasons, punitive damages are rarely awarded in personal injury cases.

Factors that Impact Damages in Personal Injury Cases

There are many factors that will impact the amount of damages you receive in your personal injury claim. These include:

  • The extent and nature of the injuries you sustained,
  • The severity of disabilities and impairments caused by your injuries,
  • Whether you can work and earn an income,
  • The duration of your expected recovery period,
  • The extent to which the injuries have disrupted your life,
  • The type of treatment you need for your injuries, and
  • If your injuries have adversely affected your ability to maintain and engage in your personal relationships.

Essentially, the more an injury has negatively affected your life, the greater the amount of damages you deserve.

Caps on Damages in Personal Injury Cases

As in many other states, Texas law places a cap, or limit, on the amount of certain damages you can receive. If you were hurt by medical malpractice, non-economic damages are capped at $250,000 from a single medical provider. However, if you were hurt by multiple facilities, you can file a claim against each of them and receive up to $250,000 in each claim. Still, the overall cap on non-economic damages in medical malpractice claims is $750,000. There is no cap on economic damages in medical malpractice claims.

When punitive damages are available in a case, they are capped at $200,000 or two times the value of economic damages, whichever is greater.

How Does Comparative Fault Affect Damages?

There are times when accident victims contribute to the accident. For example, you may have been distracted while driving, and you did not see that another driver was not going to stop for a red light. In this instance, you and the other motorist may be found at fault. Distracted driving is not typically viewed as serious an offense as running a red light, and you may be assigned 25% of the blame while the other driver is assigned 75% of the blame.

Under the comparative fault law in Texas, you can still receive damages in a personal injury claim as long as you are less than 51% at fault for the accident. However, the same percentage of your own fault will be reduced from the total damages you receive.

Insurance adjusters often try to shift the blame to accident victims to reduce the total amount of damages they are liable for paying. This is one reason it is so critical to work with a Houston personal injury lawyer who can refute these claims and ensure that you receive the full damages that are rightfully yours.

Call Our Personal Injury Lawyer in Houston Today

After an accident, you may be entitled to a number of different types of damages. At Integrity Law Group, PLLC, our Houston personal injury lawyer can accurately value your claim to determine the full amount of damages you are entitled to and will guide you through the process of obtaining them. Call us today at (832) 280-9576 or fill out our online form to schedule a consultation and get the legal help you need.

Steps to Take After a Personal Injury: A Guide to Protecting Your Rights

A car crash, medical malpractice, slip and fall, or any other type of accident can turn your life upside down. The medical bills will quickly pile up, and you may be unable to return to work to pay for them. During your recovery, you will also feel significant pain, and potentially invasive medical treatments, and you may not be able to enjoy the things you once did. If someone else’s negligence, or carelessness, caused your injuries, you may be entitled to compensation for these losses.

Claiming the full damages you need after any accident is never easy. You must prove certain elements of your case and all the while, the other side will be preparing defenses as to why they should not be held accountable. Below, our Houston personal injury lawyer explains the most important steps to take to protect your claim.

Prioritize the Safety of Everyone Involved

After an accident, the biggest priority is always the safety of others. Make sure that anyone involved in the accident is not in harm’s way and call for medical attention if you or anyone else is injured. If anyone is hurt, call 911 so you can report the accident and obtain the necessary treatment. Making sure everyone is safe will ensure injuries do not become worse and that a secondary accident does not occur.

File a Report

The type of report you file after an accident will depend on what caused your injuries. For example, if you were hurt in a car crash, you should call emergency services so a police report can be filed. Under Texas law, you are required to report all car accidents that cause injury, fatality, or property damage valued over $1,000, or if the vehicles cannot be moved. Within the report, police may indicate which driver was at fault, which can help you prove negligence in the future. After law enforcement has filed their report, you can also use that documentation as evidence that the crash happened, and how it occurred.

Even if you were not injured in a car accident, there are still likely reports you can file. For example, if you were hurt in a store, they may have an incident report for you to fill out. Or, if medical malpractice is the cause of your injuries, the hospital may have a report for you to fill out. You should fill these out but always ask for a copy before you leave the scene of the accident.

Gather Evidence

To prove the different elements of your personal injury claim, you need strong evidence. Some of the best evidence to use is at the accident scene. It is critical that you collect and preserve any evidence that can help prove your case. This can include damaged clothing, personal belongings, and other property. Pictures of the accident scene can also prove how the accident occurred. Also keep all records of medical treatment, prescriptions, and other costs related to your treatment, as this documentation can prove the nature and extent of your injuries.

Seek Medical Treatment

Your health and well-being are the most important priorities after an accident. For this reason, it is critical that you seek medical treatment for your injuries as soon as possible. If paramedics did not arrive on the scene, you should visit an emergency room as soon as you leave the scene. Some injuries do not show symptoms right away, and a doctor can examine you to ensure that injuries are not overlooked.

Additionally, seeking medical treatment as soon as possible will also document your injuries. If you do not see a doctor after an accident, the insurance company representing the negligent party will argue that you were not hurt. They will claim that because you did not seek medical treatment, you could not have been injured during the accident.

Contact a Houston Personal Injury Lawyer

It is critical that you obtain legal advice right away after any accident. A Houston personal injury lawyer can handle all of the legal elements of your claim while you focus on recovering from your injuries. A lawyer will identify the liable party, collect evidence on your behalf, and ensure that your rights are upheld. Studies have also shown that accident victims who work with an attorney obtain approximately three times more compensation than individuals who do not have legal representation. A lawyer will communicate and negotiate with the insurance company on your behalf so you obtain the full and fair settlement you are entitled to.

Notify Your Insurance Company

In certain instances, you may have to notify your insurance company about the accident. For example, even though Texas is a tort state, you should contact your auto insurance company after any car accident, even if you were not at fault. Most insurance policies require you to notify your insurer after any crash. If you fail to do this, the insurance company may cancel your policy.

You are likely required to notify your insurance company after any car accident, but you are not required to give them an abundance of information. Simply state that you were involved in an accident and that you were hurt. Remain honest when providing information, but stick to only the basic facts of the case. If an adjuster from the negligent party’s insurance company contacts you, do not feel as though you have to speak to them. Instead, direct them to your attorney who can speak to them on your behalf so your rights are protected.

Our Personal Injury Lawyer in Houston Can Help After an Accident

If someone else’s negligence has caused you serious injury, you deserve compensation for your medical bills, lost income, and more. Unfortunately, obtaining the full settlement you deserve is rarely easy. At Integrity Law Group, PLLC, our Houston personal injury lawyer can advise on the steps to take to protect your rights and help you obtain maximum damages. Call us today at (832) 280-9576 or contact us online to schedule a consultation and get the legal help you need.

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