The Information You Need Regarding Personal Injury Damages in the State of Texas
As a Texas resident, chances are, if you’ve been injured in an accident, you’ll want to look into getting damages as payment for the injuries you’ve sustained. Have your family members or friends offered you a variety of opinions on what “fair” damages would be if you were to start a case? That’s all well and good, but these are not lawyers and, therefore, they have not been legally trained to understand the changes in Texas personal injury damages laws. Despite the fact that they want to help, they can unwittingly give you false and unwise information and hopes which can leave you without the compensation you deserve.In the state of Texas, radical changes, otherwise known as “tort reform” occurred for personal injury damages. As a result, the value of Texas personal injury cases, for every individual, were adversely affected. For example, the process of medical bills submissions and court charges have hurt innocent victims and families. To make matters worse, groups, funded by insurance companies, warn against “greedy lawyers” and “frivolous lawsuits” all to help the insurance companies who fund them gain control and retain more money. What is the truth? Texas offers two main kinds of damages for people who are injured in a personal injury case, and that’s economic damages and human damages. Click here to see if you have a case.
What are Economic Damages?
In Texas tort law, monetary damages are damages provided to personal injury victims for financial compensation as a result of an accident. Financial compensation typically means lost wages and necessary medical expenses to treat the injury. For illustrations, if you were brought by ambulance to an emergency room and then requested to follow up with the doctor for more care, that would qualify for financial compensation. Or, if you are injured so severely that you are unable to work and therefore, incur lost wages, those sort of expenses would qualify. Or, if you have a list of medical expenses for medication, doctors visits and testing all required because of the injury, that would qualify as well. All of these charges would fall under the category of economic damages.
What are Human Damages?
Human damages are noneconomic damages. For example, when a victim suffers “pain-and-suffering” from an injury, that’s a case of human damages. These kinds of damages are not as simple to pinpoint as economic damages and often vary from victim to victim. In the end, it’s the juries that determine what would qualify as a human damage.
The most basic kind of human damages include:
- Mental anguish and physical pain
- A disfigurement result
- A physical impairment result
One of the issues with personal injury cases is that the injury is personal to victims and their families. With that in mind, it’s the independent parties, or “jurors,” who ultimately value the losses and injuries, who don’t know the victim or the victim’s family members, and who probably don’t want to be in court in the first place. In Texas, due to the rantings of the pro-insurance groups, the jurors are often suspicious of a victim’s testimony regarding damages. If a person is injured, it’s difficult for them to see the situation from a jurors’ eyes.
What are Exemplary Damages?
Sometimes exemplary damages, otherwise known as punitive damages, result. Texas politicians have worked to reduce and even get rid of exemplary damages in Texas. As a result, there’s a much more difficult burden of proof to reach, and the bulk of cases don’t have the conditions for punitive damages submission. Therefore, a defendant’s act must be disgraceful for there to be punitive damages granted.
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