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What Is Considered Personal Injury in Texas?

What Is Considered Personal Injury in Texas? Did you suffer an injury after a Texas accident? If so, there are several laws that may affect your claim. The laws can determine the amount of time you have to file a lawsuit against the at-fault party and the type of damages you can receive. The laws even determine if your personal injury claim is viable.

At Burkett Law Firm, our legal team can provide information and insight about personal injury laws and help you understand how they apply to your case. You can contact us at any time to discuss your options and learn more by reading here.

Understanding the Different Types of Personal Injury Cases in the State of Texas

A personal injury situation occurs when an accident is caused by someone’s negligence. Negligence is determined oftentimes by looking at the conduct of a reasonable individual and their actions in a similar situation. Some examples of common personal injury cases in Texas include:

  • Premises liability
  • Truck accidents
  • Car accidents
  • Dog bites
  • Medical malpractice
  • Product liability

Types of Damages Available in a Personal Injury Case in Texas

Each personal injury case is unique. Because of this, the damages you can recover will vary based on the situation. While this is true, there are some general damages that are commonly awarded in these legal matters.

Economic Damages

The economic damages awarded in personal injury cases represent the monetary losses an accident victim suffered. Some examples of economic damages include:

  • Lost wages
  • Property damages
  • Hospital and medical expenses

Usually, economic damages are somewhat straightforward. Because of this, they aren’t too challenging to prove. Another type of economic damages is your loss of earning capacity. If you are involved in an accident that causes injuries that result in you being unable to go back to work or if you can only get hired doing a lower-paying job, you may be able to recover the difference in funds that you did make and what you can make now. Sometimes your attorney will hire an economic expert to establish this part of your accident and damages.

Non-Economic Damages

Another type of damages awarded in personal injury cases is non-economic damages. These aren’t connected to any specific economic loss and are often more challenging to prove. They will provide compensation for things like inconvenience, scarring, pain and suffering, disfigurement, and mental anguish.

Punitive Damages

With punitive damages, the purpose is to punish the at-fault party and to discourage similar actions down the road. Punitive damages are not awarded in all personal injury cases. In fact, they are typically reserved for only the most egregious situations.

Texas Personal Injury Case Damage Caps

Most states have a limit on the total amount of damages that a person can receive in a personal injury lawsuit. For the state of Texas, these types of caps aren’t in place. The only exception to this rule is with medical malpractice cases. In these situations, non-economic damages are limited to just $250,000 per defendant and a total of $500,000 total. There’s also a limit to the amount you can receive in a medical malpractice case that causes wrongful death.

How to File a Texas Personal Injury Lawsuit

To file a personal injury lawsuit in Texas, you need to get in touch with our legal team as soon as you can. The statute of limitations will begin at this point.

The lawyer you hire from our law firm will conduct an investigation into your situation and accident to determine who is liable. They will also consult with the accident victim to determine the potential legal grounds available to recover compensation for the damages that were caused in the incident. While the investigation is being conducted by your attorney, they will also likely review police reports, consult with various experts, gather related medical records, and interview witnesses.

The attorney will also file the insurance company and lawsuit to help you recover compensation related to your case. The goal of a personal injury attorney is to help you get the compensation deserved for your accident claim.

Get in Touch with Our Legal Team for Help

When it comes to filing a personal injury lawsuit in Texas, there are more than a few factors to consider. Get in touch with our legal team at Burkett Law Firm for help and information about your case. The first step is to schedule a free law consultation in Texas to discuss the case. We are here to help you with each step of the legal process and to help ensure you get the compensation deserved.

Read More

Understanding Your Rights in a Premises Liability Case

How Much Is My Texas Car Accident Case Worth?



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