When you’ve been injured in a motor vehicle accident in Texas, you may be entitled to something called damages.
What are damages? This term refers to the economic expenses associated with your car crash and the non-economic effects your injuries brought into your life. This is where the basis for compensation in a car accident comes from.
Damages can be divided into two major types:
- compensatory and;
- punitive.
We’ll discuss the details of each type of compensation you may be entitled to next.
Compensatory Damages
Compensatory damages can be substantial. Compensatory damages are intended to replace money lost by accident victims. It’s a way for the at-fault party to return you to the financial state you were in before they hurt you through their negligence or intentional action. However, compensatory damages depend on the severity of your injuries and how long your recovery takes.
Compensatory damages are intended to replace money lost by accident victims.
There are several common types of compensatory damages, including:
- Medical expenses: If you’ve sustained car accident injuries, you’re entitled to compensation for your medical bills. Typical medical expenses resulting from a vehicle collision include doctor visits, hospital stays, surgeries, physical therapy, medications, and ambulance fees.
- Lost Income: Time spent keeping doctor’s appointments, attending physical therapy sessions, staying in the hospital, and recovering at home can make it impossible to earn a living. If you’re unable to maintain your work schedule due to a vehicle accident, you may receive compensation for your loss of earnings.
- Loss of future income: Vehicle accident injuries may impair or diminish your ability to earn money in the future. If so, you’re entitled to compensation for the loss of earning capacity resulting from your injury. Your occupation, experience, skill level, age, and life expectancy are all factors that will determine the amount of compensation you receive.
- Pain and suffering: You may receive damages for the physical distress you’ve suffered due to a vehicle accident. This amount will be based on the types of injuries, the severity of the pain they have caused, and the expected duration of your suffering. You may also receive compensation for emotional distress or mental anguish, such as anxiety or stress.
Also, every car accident victim will face a unique journey to get better, meaning your body may require more treatment than another person. You may suffer from serious injuries and a greater psychological burden than others do. Each car accident lawsuit is unique.
It’s vital that you work with an experienced and highly skilled car accident law firm who can determine the full value of your injury claim.
Punitive Damages
If the motorist who caused your accident is guilty of particularly outrageous conduct, such as road rage, you may be entitled to punitive damages.
Punitive damages are intended to punish the defendant and discourage him from ever behaving in the same manner again. Typically, the judge decides if punitive damages are warranted, but your attorney is allowed to request them by presenting clear and convincing evidence of fraud, malice or gross negligence on the defendant’s part.
In addition, the court can only issue punitive damages when the jury’s decision about liability and the amount of damages is unanimous. This prevents litigants from seeking excessive jury awards except in the most egregious cases since the plaintiff must meet the clear and convincing evidence standard to the degree that the full jury agrees.
Punitive damages are capped in Texas (see below for more details), and they are generally only awarded when the victim is able to prove gross negligence or malice on the part of the other driver. Although you may receive a punitive damage award, it is intended to punish the wrongdoer more than to compensate you as the victim. The defendant may also appeal the punitive award to get it reduced or eliminated, which can significantly delay you getting the payment.
Comparative Negligence Could Reduce Your Compensation Settlement
Under Civil Practice and Remedies Code Title 2 Section 33.003, Texas recognizes a “modified comparative negligence” standard (also called proportionate responsibility) that allows more than one person to be held at fault for a crash. This statute can help you if multiple parties are responsible for your injuries, but it can also be used against you by the other side to reduce their liability.
Your attorney should make every effort to minimize the blame put on your side of the case, since you must have les than 51% of fault if you want to file a claim for damages. If you are found 52% or more liable, your case will be dismissed. Getting the percentage down is vital, because if you bear any responsibility, it will reduce your settlement.
For example, if you seek $10,000 in damages but are assigned 20% of the blame, your compensation will be 20% less. You would get $2000 less, leaving you with $8,000 for your settlement. The other side will be fighting to prevent paying anything, so your lawyer must have a strong background in negotiation and litigation to get the best possible outcome for you.
Texas Injury Damages Caps: Tort Reform and How It Affects Your Case
As the victim of an accident caused by someone else’s negligence, you are entitled to certain rights during your recovery in order to get back on your feet. One of these is the right to sue the liable party for adequate compensation for your injuries. In Texas, as with all other states, you currently have the right to file a personal injury lawsuit following an injurious accident.
However, having the right to file doesn’t necessarily mean that you’re guaranteed a fair settlement—especially when you must follow the present Texas maximum damage cap laws.
Texas limits the amount of economic and non-economic damages one can receive for certain personal injury cases and restricts the maximum punitive damages that can be awarded. These damage caps could affect the outcome of your personal injury case or your ability to make a claim at all.
It’s important to work with a lawyer who knows how to account for these caps in the context of your case while still seeking maximum compensation. If a jury awards damages that exceed the maximum allowed by Texas law, the award will be trimmed back.
That’s the outrageous part about damage caps: a fair jury has decided you need and deserve a certain level of compensation, but state law refuses to let you have the full amount.
The Texas Tort Claims Act
Originally passed in 1969, the Texas Tort Claims Act (TTCA) outlines the processes, definitions, and actions related to tort (or personal injury) claims in the state. It has undergone updates and reforms, most recently in September 2017 when the Texas Legislature passed House Bill 1774. This recent update was controversial because it restricts the rights of citizens to sue insurance carriers.
The law specifically addresses the following when dealing with weather-related accidents:
- Limiting the right for victims to sue insurance companies: Under this bill, property damage caused by bad weather or “acts of God” are not covered under insurance liability. Therefore, victims of such incidents cannot sue their insurance companies for compensation, nor can these acts be used as the subject of an insurance claim.
- Decreasing insurance company penalty amounts: HB 1774 also limits the consequences that insurance companies face when sued. For example, insurance companies may not be responsible for paying the plaintiff attorney fees or extra punitive damages awarded by a jury, even when they are fairly judged as liable.
- Protecting insurance agents over victims: The bill also limits a policyholder’s right to personally sue an agent, thus protecting the agent from negative consequences such as a lowered credit score.
This law can be seen as completely unfair to those who must already suffer the aftermath of an injury. As a victim, your rights under this reform appear to be considered far less important than the rights of the insurance company. Do not allow insurance company tricks to convince you that you and your injuries are worth less than they are.
Another law you must consider when filing a personal injury lawsuit is the Texas statute of limitations. This law requires you to file your case against any at-fault parties within two years from the date of your crash. Therefore, you should take action quickly by contacting a reputable car accident attorney so they have enough time to gather evidence, interview witnesses, and craft a robust case.