Those areas are: 1. Liability 2. Damages 3. Insurance.

Determining the case’s value is something that is learned over many years of practice as an attorney handling personal injury claims. There is no golden formula to determine the value. Based on our many years experience with Texas personal injury cases, we may be able to estimate the range of the value of your case after we have reviewed all medical records and important evidence that may be admitted into the trial of the case.

Generally, some important factors include:

• Your doctor’s testimony regarding your injuries;
• The facts surrounding the accident- responsibility for the accident;
• Disability or inability to work;
• Whether or not punitive damages may be appropriate; and
• The type of case.

Other factors that may be relevant in determining the range of the value of a case include the amount of your medical expenses, the specific doctors who treated the victims and the claims history of the plaintiff.

To speak with a leading accident and injury attorney call 281-587-1111 for a no obligation consultation.

To speak with attorney Greg Baumgartner call (281) 587-1111.

There are other issues that personal injury claimants should be aware of such as short notice provisions that must be met for certain governmental entities, and the Statute of Repose that it also may affect cases involving dangerous drugs or dangerous products.

Personal injury victims should not delay in contacting an attorney to help them and should never wait until the last-minute to contact an attorney. Many law firms will not accept a case that is close to the statute of limitations.

If you have questions about the statute of limitations or another personal injury question- call us at 281-587-1111.

1. Medical expenses that were paid or incurred as a result of the accident.
2. Disfigurement.
3. Disability.
4. Physical pain and mental anguish.
5. Lost income

And in a typical personal injury trial, such as an automobile accident, the judge or the jury is usually asked to come up with a number for each of the areas of damages sustained that would reasonably compensate the innocent personal injury victim.

Recent changes to Texas law such as “tort reform” have had a dramatic effect on the justice available to many personal injury victims. And in fact, it is possible for a drunk driver to receive the benefit of a personal injury victim’s personal health insurance without having to compensate the person they hurt for the insurance premiums that the victim has paid.

That aside, putative damages or exemplary damages are similar to as punishment damages, designed to curtail similar conduct to protect our community.

Punitive damages are not available in every case and require a situation where the defendant has knowingly acted with an extreme disregard for the health and safety of the community when injuring the victim.

Examples would be a situation where a driver knew he or she was intoxicated and chose to drive home knowing drunken driving could lead to serious injury or death. There are other examples where companies ignore safety warnings and other actions or inactions where a person or company acted with malice.

Punitive damages are covered by statute in the state of Texas and the statute can be found at Civil Practice & Remedies Code Section 41.

If you have questions regarding exemplary or punitive damages and would like to speak to an experienced punitive damage attorney call the Baumgartner Law Firm for no obligation consultation – 281-587-1111.

Here, a lawsuit over a car accident is filed against the individual driver (and perhaps his company if on-the-job), and not against the person’s insurance company.

If your damages may exceed the liability limits of the individual driver, you may in fact want to add your own insurance company as a defendant if you have uninsured or underinsured motorist coverage to pursue.

The jury question indicates that this loss means the positive benefits flowing from the love, comfort, companionship and society that the plaintiff would have received from the decedent. For a spouse it is easy to see the damages suffered through loss of his or her husband or wife. For a child the love and affection of a parent to the child is unquestionable.

Economic damages or pecuniary loss is covered in a separate question in a Texas wrongful death lawsuit.

• • Cars and pickup trucks involving fuel fed fires from the gas tank.
  • Construction equipment
  • Rollover accidents
  • Certain playground equipment
  • Industrial and workplace machines
  • Some safety equipment

Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.