Work Injuries – Other Factors Affecting Your Claim

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers principal office in San Antonio

Other Factors Affecting Your Claim

As mentioned above, in order to sue, you must be able to prove that you have damages. Damages can come in many different forms. Compensatory damages include all non-economic and economic damages arising from your injury. Economic damages can include lost wages, all medical bills and expenses, loss of future income, travel expenses going to and from medical treatment, and essentially any measurable financial loss.

Non-economic damages are less tangible losses such as interference with family relationships, loss of companionship, pain and suffering, and loss of enjoyment of life. Punitive damages are those damages intended to punish the defendant for their bad behavior. Punitive damages in Texas can be up to twice the amount of your compensatory damages, both economic and non-economic, but cannot exceed $750,000 or $200,000, whichever amount is greater. More information our San Antonio Workers Comp Lawyer here

The amount of compensation you can receive for your damages in workers’ compensation cases is set by statute and is limited to economic compensatory damages. Just as you are able to sue a subscribing employer under a wrongful death claim involving gross negligence, you can also obtain compensatory non-economic damages and punitive damages. In non-subscriber cases, you are entitled to both economic and non-economic compensatory damages in addition to punitive damages, where warranted. More information our San Antonio Work Injury Lawyer here
Texas adheres to the doctrine of “modified comparative negligence’, which means as long as you were less than 50% responsible for your injuries, you can collect compensation for your injury from the other responsible parties. The doctrine is known as “joint and several liability” can have an unusual effect on the collection of your damage award. Although a defendant whose blame for your injury is less than 50% can only be held responsible for their share of the damages, a defendant who is found to be more than 50% at fault for your injury, can be held liable for the entire amount. In other words, a defendant may have to pay damages resulting not just from their share of the fault for your injury, they may have to pay the damages owed by every other defendant as well. This applies when the other defendants are not sufficiently solvent enough to pay.

Personal Injury Lawsuit Statute of Limitations in Texas

Texas has a two-year statute of limitations, or time limit, for most personal injury cases. This time frame is marked from the date of your injury until the time you must file your personal injury lawsuit. There are a few exceptions to this, such as in the case of an injured minor, or when the victim is in a coma or completely unable to assent to a case, or where the date of the injury cannot be determined. The application of these exceptions varies on a case-by-case basis, depending upon the specific circumstances surrounding the injury. For this reason, you should consult a knowledgeable and experienced personal injury attorney regarding the statute of limitations in your case. Don’t make a mistake and wait to file, assuming one of the exceptions may apply to you. Consult with your attorney, and be sure to file before the deadline. If you don’t, your case will be dismissed and your plans thwarted, leading to disappointment.

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ON-THE-JOB INJURY ATTORNEYS

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers in McAllen principal office in San Antonio

ON-THE-JOB INJURY ATTORNEYS

Ours is a prominent and respected law firm that has served the people of Texas for decades. We are aggressive, accomplished, and feared by insurance companies, corporate wrongdoers, and law firms. We guide our clients through the legal and financial challenges they encounter on their way to recovery from their accidents, and we achieve results. An on-the-job injury is an injury suffered by an employee while working. On-the-job injuries can occur by accident, damage, or occupational disease and may be covered by Workers’ Compensation laws, tort laws, or both. Workers’ Compensation laws provide benefits to workers and their dependents when they have suffered injury or death in a work environment. More about McAllen Workeplace Accident Lawyers here

These benefits include medical benefits, weekly or biweekly income, vocational rehabilitation, permanent disability compensation, and death benefits.

In serious injuries, these benefits may be substantially lower than the injured worker is entitled to under tort law. In cases where an employee has sustained an on-the-job injury caused by someone other than the employer, the injured employee may sue another person (third party) in tort law. Third-party cases may include traffic accidents, defective products, defective equipment, or exposure to toxic substances. Every on-the-job injury should be evaluated to determine if a third-party claim exists.

At our Law Firm, we have an outstanding reputation for finding and pursuing third-party liability claims. We offer a FREE evaluation of serious on-the-job injuries to determine if third-party claims exist. We are experienced in coordinating third-party claims and workers’ compensation benefits to get the best result possible for our clients.”IF YOU HAVE BEEN SERIOUSLY INJURED IN AN ON-THE-JOB ACCIDENT OR AS THE RESULT OF EMPLOYER NEGLIGENCE, YOU NEED THE ADVICE OF AN EXPERIENCED TEXAS PERSONAL INJURY LAWYER. CALL US TODAY FOR YOUR FREE CONSULTATION. WHEN RESULTS COUNT -COUNT ON OUR LAW FIRM.”