Legal Damages In Texas Auto AccidentsClick for a Free Consultation
Car Accident Damages In Texas
It is sometimes confusing to know what an injury settlement should include after a car crash in Texas.
If you were seriously injured in a car accident, one question you will have is: “What compensation is available for my injuries?”
What Compensation is Available for my Injury?
The following is a general primer for the legally recoverable damages available in the state of Texas for personal injury or wrongful death.
Personal Injury Damages In Texas
The basic jury question for personal injury cases is what sum of money it paid now in cash, would fairly and reasonably compensate the victim for his or her injuries if any that resulted from the occurrence in question? Both past and future, if any:
- Physical pain and mental anguish
- Loss of earning capacity
- Physical impairment
- “Paid or incurred” medical expenses
- Exemplary or punitive damages – in appropriate cases only.
Your damages are awarded based on either a settlement or a jury trial. A jury would be asked to fill in blanks for each of the damage elements listed above, if applicable. Both past and future damages are considered when the evidence suggests that question is appropriate.
Children and spouses can sometimes receive damages when their husband, wife, or parent has been severely injured in some cases. The law generally looks to place a dollar amount on the actual losses suffered by the children or spouses because of the injury of the family member. This could be loss of services, or other losses personal to the family member.
Wrongful Death Damages in Texas
The general wrongful death damages in the state of Texas are as follows:
- Pecuniary losses – meaning the loss of care, maintenance, support, services, advice, counsel and contributions of a pecuniary value that the air would have received from the decedent had he lived.
- Loss of companionship and society
- Mental anguish
- Loss of inheritance
The specific question regarding wrongful death damages depends upon your relationship with the decedent. In other words, spouses have a question as do minor, adult children and parents. Each person in a wrongful death case has their own damages issue.
As with car accident injury claims, exemplary or punitive damages are available in wrongful death or survival causes of action when the wrongdoer offends the community because of the nature of the wrong, the character of the conduct involved, the culpability of the wrongdoer, the sensibilities of the parties involved and the extent to which the conduct of offends a public sense of justice and propriety in Texas.
If You Have Questions About Damages or Your Claim?
Call a car accident lawyer at Baumgartner Law Firm for a no-obligation consultation on your rights and options.