How to Calculate Damages in Texas Personal Injury Cases

Unexpected injuries can wreak havoc on your life. Suddenly, you face a lengthy and complicated physical recovery, costly medical bills, lost wages, and other unanticipated consequences. It’s completely understandable to feel overwhelmed and anxious during this challenging time. However, you should recognize that you do not have to go through the recovery process alone. Enlist the support of your friends and family for emotional assistance, and reach out to a seasoned and compassionate Houston personal injury lawyer to help you secure the compensation you need to support the financial aspects of your recovery. Although you may file a personal injury claim without working with an attorney, doing so is the best way to ensure that you maximize your settlement offer and secure the compensation you deserve. Let’s take a look at how personal injury damages are typically calculated and negotiated in Texas.

Fault Determinations in Texas Accident Cases

Like many states, Texas follows a modified comparative fault rule to determine how much compensation an injured party may obtain after an accident. This law allows an injured party to seek compensatory damages as long as they are found fifty percent or less at fault for the accident. Investigators will assess the evidence on hand (i.e., police reports, witness statements, photos of the scene, etc.) to establish the percentage of responsibility each party had in causing the accident. If it’s found that you were 51 percent or more to blame for causing the wreck, you forfeit your right to take legal action against the other party. Additionally, it’s important to recognize that the settlement you do receive will be reduced by your percentage of fault. For instance, if you’re awarded $100,000 but are 30 percent liable for causing the accident, the maximum amount of compensation you’re allowed to recover is $70,000. The process for determining fault after an accident can be complex, so enlist the guidance of a trusted and experienced Houston personal injury lawyer to help you navigate each step along the way.

Understanding Compensatory Damages in Texas

Texas accident victims may be able to recover two types of compensatory damages: General damages and special damages. Let’s take a closer look at what these categories of damages entail and how they are typically handled and calculated in personal injury cases.

General Damages

General damages are usually more subjective and harder to quantify. They stem from the at-fault party’s wrongful actions. To secure these damages, you will need to establish a direct link between your injuries and the defendant’s reckless or negligent actions. General damages may include compensation for pain and suffering, emotional distress, or psychological issues arising from the accident. For instance, those who develop anxiety, insomnia, or symptoms of post-traumatic stress disorder (PTSD) following the harrowing incident may pursue compensation to support their recovery. It’s helpful to think about general damages as a way to acknowledge the dramatic ways in which the other party’s wrongful actions affected your quality of life.

Special Damages

Special damages refer to specific costs incurred by the accident. Unlike general damages, they are much easier to calculate, as they have a clearly quantifiable value. Special damages typically include medical bills, physical therapy bills, property loss, property damage, and loss of income from being unable to attend work during your recovery. You and your attorney can locate the hospital bills, medical bills, physical therapy bills, and paycheck stubs to help you quantify the extent to which the accident impacted your finances.

How an Attorney Can Help You Maximize Your Settlement Offer

Although Texas does not require injured parties to secure legal representation when pursuing a personal injury claim, working with an experienced and caring attorney is highly recommended. Coping with an injury is overwhelming enough—why create additional stress by taking on this daunting task alone? Your attorney can assess the details of your case and identify the most strategic course of action. In some cases, like truck accidents, there may be more than one party responsible for the accident. Your lawyer will determine the best path forward to maximize the amount of compensation you recover.

In addition to supporting the logistical aspects of your recovery, working with a seasoned personal injury lawyer can give you the peace of mind you need during this turbulent time. You can rest easier knowing that someone is working hard to protect your best interests and keep your future as bright as possible. Your lawyer can step in to handle difficult negotiations with insurance companies on your behalf, allowing you to devote more time to what matters most—your recovery.

If you need help collecting compensation following an accident in the Houston area, call DeHoyos Accident Attorneys, PLLC, at (832) 745-4878 to speak with a dedicated and caring personal injury lawyer.