In the event of injuries brought on by someone else’s negligence in Austin, Texas, it entitles you to seek compensation for damages incurred. Accident victims can claim damages for injuries based on their circumstances. We briefly touch on those circumstances that allow you to claim damages and build a strong case with the help of your attorney.
When it comes to personal injury laws, every state has its own set of rules. Only experienced attorneys familiar with the Texas laws can provide correct guidance in the field of Texas liability laws, court systems, jury trends, etc. Therefore, consulting personal injury attorneys in Austin is considered best to maximize the compensation.
Compensatory Damages
Compensatory damages were instituted to recompense the victim for the losses from injury. The damages have been categorized into economic and non-economic.
1. Economic Damages
Economic damages cover tangible losses with a quantifiable monetary value. These damages often include:
• Medical Expenses: Medical expenses related to the injury, such as hospital stays, surgeries, rehabilitation, and prescription medications.
• Lost Wages: Compensation for the loss of income during recovery and reduction in future earning capacity resulting from long-term disability.
• Property Damage: Reimbursement for the loss, replacement, or damage to personal property in the incident.
• Out-of-Pocket Costs: Expenses for transportation to medical appointments or home modifications to accommodate a disability are included in the claim.
2. Non-Economic Damages
Non-economic damages refer to losses that cannot be defined in monetary terms but impact the victim’s quality of life. These include:
• Pain and Suffering: Redressal for physical pain due to the injury, during recovery, and as a deficit of the injury.
• Emotional Distress: Damages due to mental anguish, anxiety, depression, or PTSD resultant due to the incident.
• Loss of Enjoyment of Life: Compensation for being unable to live life as before the injury and engage in activities they indulged in.
• Loss of Consortium: Recompense loss of family relationships, such as a spouse or children, as a result of the injury.
3. Punitive Damages
Punitive damages, or exemplary damages, are instituted to punish the defendant for particularly grievous conduct. They are not meant for the victims. The damages are awarded to the victim in the event of willful negligence, malicious, or fraudulent behavior. The Texas laws have placed a cap over the award of punitive damages as $200,000 or twice the amount of monetary damages in addition to the amount of non-monetary damages, up to $750,000.
Factors That Influence Damages
Several factors can influence the type and amount of damages you can claim, including:
• Gravity of the Injury: The severity of the injury is the deciding factor. Compensation is in proportion to the impact on the victim’s life.
• Degree of Negligence: Compensation awarded is decided on the degree of negligence.
• Comparative Fault: Texas has modified the comparative fault rule. The compensation awarded is proportionate to the percentage of the fault.
Proving Damages
Similar to any legal case, for any successful settlement of claim damages, evidence supporting the losses, such as medical records, receipts, pay stubs, witness statements, and expert testimony, are required. The role of an experienced attorney attains prominence here as they can help you gather and present the evidence effectively.
Conclusion
To claim and win damages through an Austin personal injury lawsuit, it is imperative to understand the type of damages available. For fair compensation and legal processes and for additional insights into personal injury claims, consulting personal injury attorneys in Austin will help you with comprehensive information on rights and resources for injury victims.
