Damages in San Antonio Personal Injury Claims
Money cannot fully make up for a serious injury, but it can make things easier by covering medical expenses and paying the bills while you are unable to work. It can also hold the person responsible for your injury accountable for their actions and help provide a sense of justice. In personal injury cases, the financial compensation the injured person receives is usually referred to as damages. Damages in San Antonio personal injury claims can help you move forward after a major injury. Because filing a personal injury claim or lawsuit can be complicated, hiring a lawyer is a good idea. Your personal injury attorney will guide you through the process and help you get the best possible outcome in your case.
What Types of Damages Are Available?
Damages fall into two general categories, compensatory and punitive. Compensatory damages are the more common type, and these can be awarded whether a case goes to trial or settles. These damages include economic and non-economic compensation. Economic damages cover specific costs, including medical bills, lost wages, lost future income, and ongoing medical services like physical therapy or nursing home care.
Non-economic damages attempt to compensate the injured person for non-financial losses, including pain and suffering, loss of enjoyment of life, and emotional distress. Courts and insurance companies often choose a multiplier, which is a number multiplied by the economic damages, to calculate the non-economic damages. The more serious the injury, the higher the multiplier will be. In a wrongful death case, both types of compensatory damages can be awarded to the surviving spouse or other immediate family.
Punitive damages are awarded rarely. They are intended to punish the person responsible instead of to compensate the person injured. Punitive damages are only awarded in court, and they are usually used when the person responsible either acted intentionally or was reckless with another’s safety. The court would consider this person’s behavior rather than the seriousness of the injury when calculating punitive damages.
Are There Any Limits to the Compensation an Injured Person Can Receive?
In most cases, an injured person can receive as much in damages as a court or insurance company considers reasonable. Texas Civil Code § 41.008 only limits punitive damages to $200,000 or double the economic damages plus the noneconomic damages up to $750,000, whichever is more. In most personal injury cases, including car accidents and slips and falls, there are no limits on the economic and non-economic damages.
In medical malpractice lawsuits, the injured person can only receive up to $250,000, or $500,000 if multiple facilities are involved, in non-economic damages. There are no limits on the economic damages that can be awarded. Maximums are also in place for lawsuits against a government entity. For example, if someone was injured in an accident on a city bus, they would need to sue the transit service. The limit is $250,000 per person being sued and $500,000 total.
The Personal Injury Claims Process
Successfully navigating the personal injury claims process involves seeking medical care, gathering the essential evidence, and filing your case within the time required by the statute of limitations. Most cases resolve through the negotiations process. However, when an acceptable settlement is not reached, your suit may proceed to civil court.
The vital things to do after an accident include the following:
- Seek care from a medical professional right away for an examination and treatment to create an official record
- Begin collecting evidence, such as photos, videos, police officer accident reports, witness names and contact information, and all invoices and receipts
- After reviewing your case specifics, our personal injury lawyer drafts and sends a demand letter to the defendant’s insurance company, providing a settlement amount
- If there is no agreement on the acceptable settlement amount, your attorney prepares and files the petition in civil court to commence legal action
- After filing the claim, both sides participate in the discovery process, trading documents, written requests, and taking sworn statements
The parties typically enter into mediation to try again to settle before trial, and if not reached, the case goes before the judge or jury.
Time Limitations
The recovery claims process begins right away with insurers. However, there is an expiration date that you must meet to prepare and file a lawsuit in civil court if the negotiations are unsuccessful.
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file in most cases, such as car crashes and medical malpractice. Missing the deadline means losing the right to pursue payment and hold the liable party accountable. Our lawyer can handle the legal work and answer all your questions regarding damages in personal injury cases in San Antonio.
Common Mistakes to Avoid in Pursuing Compensation
Avoiding the typical mistakes that can hurt your case after suffering harm because of someone else’s negligence is crucial. Examples include waiting too long to see a doctor, speaking directly with the insurance companies without seeking legal advice, and accepting quick settlement offers. Failing to document the scene and carefully organize and save documentation thoroughly are also common errors. It is also important to avoid speaking about your case or posting about it on social media, as anything you say could be used by the defense and hurt the outcome of your claim and settlement.
We will help you through each step and fight for the best potential outcome. If negotiations are unsuccessful, we will file your suit in civil court, handle the legal work, and fight for the best possible outcome. Our seasoned attorney can answer all your questions about damages in San Antonio personal injury cases during the consultation.
After any accident caused by someone else’s carelessness, knowing your legal rights, statutes, and requirements is vital to protecting your interests and obtaining a just settlement. That includes understanding the different types of injuries and losses you can seek from the responsible party.
Discuss Your San Antonio Personal Injury Case Damages With an Attorney Today
Damages in San Antonio personal injury claims will have a major effect on your ability to pay your bills and recover from your injuries after an accident. Hiring an attorney to guide you through the legal process is the best way to ensure that you get all the compensation you deserve. Schedule a consultation with Felix Gonzalez Law Firm today.
