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.
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.
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.
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.