Austin Personal Injury Attorneys

Texas Personal Injury Law

Texas follows an "at-fault" system, meaning that the party responsible for the accident (or their insurance) is generally responsible for compensating the injured party. Personal injury cases often hinge on establishing the negligence or fault of the party responsible for the injury. 

To succeed in a personal injury claim, you typically need to prove the following elements:

1. Duty of Care: The defendant owed you a duty of care (a legal obligation to avoid causing harm).
2. Breach of Duty: The defendant breached their duty of care through their actions or inactions.
3. Causation: The defendant's breach of duty was the direct cause of your injuries.
4. Damages: You suffered actual damages as a result of the defendant's actions.

Texas also follows a modified comparative negligence rule, which means that if you are partially at fault for the accident that caused your injury, your compensation may be reduced in proportion to your degree of fault. If you are found to be more than 50% at fault, you may not recover any damages.

Generally, you have two years from the date of the injury to file a lawsuit. There are some exceptions, so it's important to consult with an attorney to ensure you meet all deadlines.

Available Damages from Texas Personal Injury Lawsuit

Personal injury laws in Texas allow for various types of damages, which can be classified into two main categories: economic and non-economic damages.

Here is breakdown of the damages available in a personal injury claim:

• Economic Damages: Economic damages are the quantifiable, financial losses that a person incurs due to their injuries. They include:
  • Medical Expenses: This covers the cost of medical treatment, including hospital stays, surgeries, doctor's visits, prescription medications, physical therapy, and any necessary medical equipment.
  • Lost Wages: Economic damages account for the income you've lost due to your injury. This can encompass missed work days, reduced work hours, or a decrease in earning capacity as a result of the injury.
  • Property Damage: If your personal property, such as your vehicle, was damaged in the accident that caused your injury, you can seek compensation to repair or replace the damaged property.
  • Future Earning Capacity: In cases where your injuries result in a long-term or permanent disability that affects your ability to earn a living, you may be entitled to compensation for the reduced earning capacity you will experience over your lifetime.

• Non-Economic Damages: Non-economic damages are less tangible and more subjective losses that a person experiences as a result of an injury. These include:
  • Pain and Suffering: This category encompasses the physical pain and emotional distress you've endured due to the accident and subsequent injuries. It's difficult to quantify, but it can have a significant impact on your quality of life.
  • Emotional Distress: Emotional distress damages are awarded for the psychological and emotional trauma that can result from a traumatic incident. This may include anxiety, depression, fear, and other emotional disturbances.
  • Loss of Enjoyment of Life: This refers to the diminished ability to enjoy life and engage in activities you once did because of your injuries. It accounts for the loss of hobbies, recreational activities, and other things that brought joy to your life.

Punitive damages are different from economic and non-economic damages in that their primary purpose is not to compensate the injured party but to punish the at-fault party and discourage similar wrongful behavior in the future. 

In Texas, punitive damages are only awarded in specific cases involving:

• Gross Negligence: When the responsible party's actions demonstrate a reckless disregard for the safety of others, punitive damages may be appropriate. This is a higher degree of negligence than typical negligence.
• Intentional Misconduct: If the responsible party intentionally caused harm or acted with malice, punitive damages may be warranted.
• Statutory Violations: In some cases, punitive damages may be awarded if the defendant violated specific statutes or regulations that are designed to protect the public.