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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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