Personal Injury Claims in Texas: Is There a Damage Cap?
Personal Injury Claims in Texas: Is There a Damage Cap?
If you are harmed in an accident caused by someone else’s irresponsible acts, you have the right to seek compensation for the costs of your injuries, both economic and non-economical. Personal injury claims are common in Texas. Many jurisdictions, including Texas, place a cap on how much a plaintiff may collect in a personal injury claims case in Texas, prohibiting them from getting potentially millions of dollars in damages. As a result, damage caps are often a contentious topic. In many situations, survivors have little prospect of ever fully healing from their injuries or engaging in many of the activities they liked before the accident.
The Procedure for Personal Injury Claims in Texas:
Damages limits, in essence, restrict the amount of compensation plaintiffs are eligible to receive, and they may apply to certain categories of damages in specific sorts of instances in different states. In Texas, there exist rules that limit the amount of money that may be awarded in personal injury claim cases.
However, you should be aware that in most “personal injury” claims, such as automobile accidents, trucking accidents, or slip and fall accidents, the plaintiffs’ economic and non-economic damages are not limited. This implies that the majority of victims are entitled to full and complete compensation for any losses suffered as a result of their injuries, including medical bills, lost earnings, and pain and suffering.
Personal Injury Lawsuits and Damage Limits:
In personal injury lawsuits, punitive damages are available. Instances of medical misconduct; and Government/public defendants are the targets of personal injury lawsuits. On average, vehicle accident claims account for more than half of all personal injury lawsuits.
According to the Centers for Disease Control and Prevention (CDC), approximately 39.5 million physician office visits for accidental injuries occur each year, followed by 29.4 million trips to hospital emergency departments. Poisonings are the primary cause of accidental deaths.
According to the Bureau of Justice Statistics (BJS), vehicle accident claims are the most common form of personal injury claims in the United States. Few outlines of how damages caps operate in certain instances are mentioned below:
Punitive Damages Limit:
Punitive damages, also known as exemplary damages in Texas, are a sort of harm granted only in specific situations, upon request, and when defendants have engaged in some type of gross negligence or outrageous deliberate behavior. They are not usually given, but when they are, they provide additional compensation to victims and function as a kind of further punishment for wrongdoers.
In Texas, the calculation for punitive damages limitations necessitates some arithmetic. In general, exemplary damages cannot exceed twice the value of a victim’s economic damages as well as the amount that equals the award for non-economic damages (this has a limit of up to $750,000).
Cap on Medical Malpractice:
Texas, like many other states in the United States, has a restriction on non-economic damages in medical negligence claims. These are the “intangible” losses resulting from accidents and injuries, such as pain and suffering, emotional, or mental distress.
Cap on Government Liability:
Personal injury cases against government bodies have their own set of regulations and processes, as well as damage limitations. Damages in instances involving state, local, and emergency service agencies are limited to $250,000 per individual and $500,000 in a single occurrence. Cases involving government bodies other than a state, city, or emergency service agency have a $100,000 per person cap, as well as a $300,000 single incident cap.
Get in Touch with Our Lawyers Today to Receive the Compensation You Are Entitled to:
If you were harmed as a result of someone else’s careless or irresponsible conduct and are looking to file a personal injury claim case in Texas, you can contact our firm to get the compensation you deserve. Our experts will strive to maximize your damages and hold the responsible party accountable for your pain and suffering.
With over two decades of expertise on our side, you can rely on our team to be your tenacious legal champion both inside and outside of the courts and we will be the best ones that help you out in case of any personal injury claim in Texas.
Call our law firm now to schedule a free first case review and discuss the specifics of your case with a trusted member of our legal team. We are here to answer your call no matter what day of the week it is because the objective is to only ensure that justice is served.
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