If you were injured in an accident caused by another party’s negligence, you may have the legal right to recover compensation from them in a San Antonio injury claim. If you’re unable to secure a settlement, you may have to sue to obtain compensation. Texas law limits the amount of compensation you can recover in a personal injury lawsuit for certain types of damages.
Different Types of Damages Awarded in Personal Injury Cases
Not all types of damages have damage caps that limit how much compensation you can recover. The various types of damages you can recover in a personal injury lawsuit include:
Economic Damages
Economic damages are the tangible financial losses you suffer because of an accident, such as:
- Medical expenses, such as ambulance charges, hospital stays, emergency treatment, surgeries, doctor visits, rehabilitation, and therapy
- Lost wages for the time you missed from work while recovering
- Reduced earning capacity if the accident impacted your long-term earning capacity
- Costs to repair or replace your damaged personal property
Economic damages are not capped against private parties or businesses. Keep all your bills, records, and receipts as evidence of the value of these losses.
Non-Economic Damages
Non-economic damages represent the subjective and intangible losses you suffer in an accident, such as:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Anxiety and stress
- Loss of companionship
- Loss of consortium
These damages are difficult to quantify, but you still have the right to recover them.
Medical malpractice lawsuits have caps for non-economic damages. These damages are capped at $250,000 each for lawsuits against doctors or healthcare providers, or $500,000 if multiple healthcare providers or institutions are found to be at fault.
Punitive Damages
Unlike economic and non-economic damages, which are compensatory damages, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. In Texas, punitive damages can be awarded in cases involving gross negligence, malice, or fraud.
Texas law caps punitive damages at $200,000 or double the total amount of economic damages plus the amount of non-economic damages up to $750,000, whichever is greater. For example, if you sustained economic damages of $2 million and non-economic damages of $500,000, punitive damages would be capped at $4,500,000.
There are some instances when the punitive damage caps do not apply. For example, if the defendant’s act was a felony, the damage caps do not apply.
Claims Against the Government
Governmental agencies and public entities are often protected from personal injury liability due to immunity. If the government or its employee is responsible for your injuries, damages are capped at $250,000 for one person and $500,000 for an event.
Contact Us for Help with Your Legal Claim
If you were injured because of someone else’s negligence, you shouldn’t have to pay the consequences. A San Antonio accident attorney with George Salinas Injury Lawyers can review your case, identify the damages you can seek, and pursue maximum compensation. Call us today to schedule a complimentary evaluation.