Balance, not revenge. This is what justice seeks.
When someone suffers an injury due to another party’s negligence, the legal system strives to restore what was taken away.
Compensatory damages, a key part of Texas personal injury law, are designed to help victims recover what they have lost. Unlike punitive damages, which are meant to punish severe wrongdoing, compensatory damages aim to restore the injured party to their previous state as much as possible.
Let’s get into the basics of understanding this form of compensation and how it applies in personal injury cases.
In Texas, most personal injury cases settle before reaching trial. This saves time and legal expenses and helps to avoid the unpredictability of the jury’s decision.
However, the amount you may recover depends on several factors, including the severity of your injuries, the strength of your evidence, and how effectively your attorney negotiates with the insurance company. Evidence like medical records, expert testimony, and accident reports are important in proving your case and helping you secure fair compensation, so it’s best not to overlook these things.
Severe injuries often lead to higher compensation. Some examples of serious injuries include:
Be wary of insurance companies trying to minimize payouts by offering low initial settlements. Fortunately, our attorneys here at Thompson Law know how to counter these tactics, and ensure that you get the compensation that you deserve.
We have recovered over $1.9 billion for clients, securing life-changing settlements and verdicts. Here are some of our notable results:
When you are injured due to someone else’s negligence, you may be entitled to various types of compensation. Personal injury cases typically include:
Economic damages focus on reimbursing you for financial losses related to your injury. These damages help ensure that you are not burdened with expenses caused by someone else’s negligence.
Common examples include:
Non-economic damages compensate for the emotional and psychological toll of an injury. Examples of non-economic damages include:
Punitive damages are not meant to compensate for losses but rather to punish the at-fault party for extreme negligence or intentional harm. They are awarded in cases where the defendant’s actions were especially reckless or harmful.
Special damages are a subset of economic damages that cover specific costs directly related to your injury. These damages include:
Pain and suffering damages are meant to compensate for the emotional and physical distress caused by an injury. In Texas, these damages are calculated using methods like the multiplier method, which multiplies your economic damages by a number between 1.5 and 5, or the per diem method, which assigns a daily amount to the pain you endured during recovery.
For example, if your economic damages, such as medical bills and lost wages, total $50,000, and a multiplier of 3 is applied, your pain and suffering settlement could be $150,000. The severity of the injury directly impacts the settlement, with more severe or long-term injuries resulting in higher payouts.
Many types of accidents and injuries may qualify for compensation in Texas, including:
Each of these cases can involve different legal processes, but they all have one thing in common: the right to seek compensation for your losses.
Before filing a personal injury lawsuit in Texas, consider the legal factors that could affect your case first. These will help you determine if and when to file a lawsuit, who to sue, and how to prepare a strong claim.
Texas law typically gives you two years from the date of the injury to file a personal injury lawsuit. There are exceptions in cases involving minors or injuries caused by government entities, where special rules and deadlines may apply. Missing the deadline can result in losing the right to seek compensation, so it is important to act quickly.
Identifying the responsible party is important. In personal injury cases, this may include:
In Texas, personal injury lawsuits are generally filed in the county where the injury occurred or where the defendant resides. For cases involving multiple defendants or significant damages, higher-level courts may be appropriate.
Insurance policies often play a major role in determining how much compensation you can recover. In Texas, your claim may involve the at-fault party’s insurance, your own policy (in cases of underinsured drivers), or health insurance. Coverage will then be reviewed during the claims process.
A personal injury case can be based on different legal claims, depending on the circumstances of the injury. Common causes of action include:
To win your case, you will need evidence showing how the defendant’s actions directly caused your injuries.
Calculating damages involves considering both economic and non-economic losses. Economic damages are measurable and include medical bills, lost wages, and future expenses. Non-economic damages account for emotional distress, pain, and suffering.
Strong evidence is the foundation of a successful personal injury case. Important types of proof include:
Gathering the right evidence early in the process can make a big difference in the outcome of your case.
Recovering compensatory damages in Texas often involves several steps. Here is a general outline of the process:
Your health and recovery should be the priority. Prompt medical care not only helps you heal but also creates essential documentation that will support your claim.
Once the responsible party’s insurance company is identified, you or your attorney will file a claim outlining your injuries, damages, and the compensation you seek. This step often includes submitting medical records, bills, and other evidence.
Insurance companies may offer an initial settlement, but it is often less than what you deserve. The truth can be negotiable in cases like this. But don’t worry, skilled attorney can evaluate the offer and push for a fair settlement that reflects the full extent of your losses.
If negotiations stall or the insurer refuses to offer fair compensation, filing a lawsuit may be necessary. Your attorney will handle the legal paperwork and represent you in court if the case proceeds to trial.
If the case goes to trial, a judge or jury will evaluate the evidence and determine the amount of compensation you are entitled to receive. Many cases, however, settle before reaching this stage.
Insurance companies evaluate personal injury claims by reviewing medical records, accident reports, and any other evidence you provide. They often want to minimize the payouts, so this will pose a challenge when it comes to the costs that you want to claim.
Here are some of the most common tactics they do:
Most of the compensation you receive in a personal injury settlement is not taxable under federal or Texas law. However, there are exceptions depending on what the settlement covers.
Non-taxable portions of a settlement include:
Taxable portions of a settlement may include:
Like with any other case, there are several factors that will be taken into consideration when deciding on your settlement amount:
Texas follows a modified comparative negligence rule. This means you can still recover damages even if you were partially responsible for the accident, as long as your share of fault does not exceed 50 percent (this is also known as the 51% rule). However, your compensation will still be reduced based on your percentage of fault.
For example, if you were awarded $100,000 but found 20 percent responsible for the accident, you would receive $80,000 after the reduction. If you are more than 50 percent at fault, you will not be able to recover any damages. This rule makes it important to minimize your share of fault through strong evidence and legal representation.
A personal injury lawyer can significantly improve your chances of receiving fair compensation by handling key aspects of your case. Here is how a lawyer can help:
Curious how legal representation can make a difference? View our successful case results here.
At Thompson Law, we are committed to helping you receive the compensation you deserve. With years of experience and a proven track record, we offer the resources and dedication to handle your case from start to finish.
We have recovered over $1.9 billion for our clients, with results like $11.991 million for a truck accident case and $9.187 million for a severe burn injury. Our clients trust us to handle their cases with care and dedication.
If you have been injured due to someone else’s negligence, do not wait to seek legal advice. Acting quickly ensures that evidence is preserved, witnesses are contacted, and your case is built while the details are fresh.
Contact Thompson Law today for a free consultation. We will guide you through the legal process, fight for the compensation you deserve, and help you every step of the way. Time limits apply to personal injury claims, so do not delay—reach out to us today and take the first step toward justice.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.