Calculating Damages is Best Left to the Professionals
There are two types of damages in personal injury cases. Comopensatory damages compensate you for your injuries and losses, and most are based on actual expenses and losses. These are the most common.
Exemplary damages are meant to punish the offender, and are only allowed in cases of fraud, malice, or gross negligence. Noneconomic damages such as these are best calculated by an experienced attorney. Contact us today for assistance, or keep reading for more information.
Types of Compensatory Damages in Texas Personal Injury Cases
Texas Statutes define the damages available in personal injury cases. Compensatory damages can be economic or noneconomic. Economic damages are based on actual expenses and losses.
The types of economic compensatory damages are:
- Special Damages - These are damages based on actual expenses and losses, such as medical bills, property damage, or loss of income during recovery.
- Future Damages - These are similar to special damages, but will occur after the time of judgement of the case.
- Future Loss of Earnings - This can refer to loss of income due to a permanent injury, loss of income during recovery extending after the judgement, or loss of inheritance.
Noneconomic damages are meant to compensate for more subjective losses, such as pain and suffering. These are more difficult to calculate and need the attention of an attorney.
How Fault Determinations Affect Texas Personal Injury Damages
Texas uses a modified comparative fault rule to calculate damages in personal injury cases. Determining fault is complex, and it is an important aspect of any personal injury case in Texas. If you are found to be partially at fault for the accident, you will receive compensation accordingly.
For example, if you are found to be 10% at fault in an accident and compensatory damages were awarded in the amount of $100,000, you would only receive $90,000. If you are found to be 50% or less at fault you may be entitled to some compensation.
How is Fault Determined in Texas Personal Injury Cases?
Determining fault is a complicated matter in which all of the evidence is examined as a whole. Investigators will review the evidence, and you should have a fierce attorney ready to fight for your interests.
The evidence that investigators will review to determine fault include:
- Police reports
- Witness statements
- Photographs of the scene
- Close-ups of damage that show how it happened
- Lab reports, when available and appropriate
It is common for a defense to claim that you are at fault by as high a percentage as possible to reduce the award of damages. You need a fierce attorney on your side that will ensure your damages are calculated fairly.
Let the Attorneys at Karam Law Office Calculate Damages in Your Personal Injury Case
You might think that calculating damages is as simple as examining your bills and pay stubs, but it is actually much more complex. It is very important that you have an attorney on your side helping you calculate how much you should reasonably receive as compensation in your personal injury case.
Our attorneys are here to fight for you. Jacob Karam has a competitive nature that will serve you well in settlement negotations and court rooms. Contact us today at (832) 859-8453 to schedules a free consultation.
