Personal injury lawsuits in Texas can involve a wide range of different legal issues. Some common types of injury lawsuits in Texas involve:
- Cases based on negligence
- Slip and fall claims
- Car crash accidents
- Injuries related to animals and pets
Most personal injury lawsuits end up with a damages award being issued to the victim to help with their recovery and their losses. Many personal injury cases in Texas also end up in a settlement.
Are There Limits on Damages in Texas Personal Injury Cases?
Texas maintains some caps (limits) on the amount of certain damages that are recoverable. Perhaps the most significant cap is the medial malpractice damages cap. When it comes to medical malpractice, the plaintiff is limited in terms of non-economic damages. Here, the person is limited to $250,000. There are various rules and provisions for this law.
Also, there are limits on wrongful death damages as well as punitive damages in Texas. These are generally governed by statute.
How Are Punitive Damages Handled in Texas?
Texas does allow for punitive damages in personal injury lawsuits. The plaintiff needs to prove with "clear and convincing evidence" that the defendant acted with either fraud, malice, or gross negligence. Texas plaintiffs may only recover punitive damages that are less to or equal to twice the amount of economic damages, plus an amount equal to non-economic damage (up to $750,000 for the non-economic damages).
Texas courts only issue punitive damages in cases that also involve economic damages.
Do I Need a Lawyer for Personal Injury Claims in Texas?
Texas regulates personal injury damages mainly by statute. They may also use Texas case law for damage award guidelines. You may wish to hire a personal injury lawyer if you need help understanding how personal injury laws work in Texas. Your attorney can guide you with your claim and can also represent you during trial as the case proceeds.