No one walks out their door in the morning and thinks they will end up in the back of an ambulance after an automobile accident. Unfortunately, this happens more than we think. Victims of auto accidents face an uphill battle in getting the compensation they are entitled to after an accident, all while trying to heal. Enlisting the help of an experienced auto accident attorney can provide a great advantage.
Many clients want to better understand what types of compensation they can receive after being injured in an auto accident. They often have misconceptions about what is available to them. We hope to dispel some of these misconceptions here.
Economic Damages
If you can prove that the driver of the other vehicle was negligent or reckless, and that that driver’s actions caused your injuries, you may receive what’s known as economic damages. These damages are calculated by adding up:
- Medical expenses
- Lost income
- Property damage
- Funeral expenses
When calculating economic damages, it is important to remember to include future medical expenses if the injury requires ongoing medical treatment. It is also important to consider future lost income that results from the injury. Future lost income is relevant to injuries where there is significant physical or mental impairment. Included in future income are amounts for lost raises, promotions and commissions.
Non-Economic Damages
Non-economic damages are those that cannot be proven with a receipt. These are damages that you may receive for:
- Pain and suffering
- Disfigurement
- Physical impairment
- Loss of consortium or companionship (for a partner, parent or other loved one)
- Punitive damages
Most non-economic damages are determined as a multiplier of the economic damages. For example, if your economic damages are worth $100,000, your non-economic damages may be worth $250,000. This will depend on a jury determination or insurance company’s determination.
Punitive damages are a special type of compensation that is awarded if a defendant’s actions are particularly egregious. These exemplary damages are meant to punish gross negligence or malicious behavior and to discourage such conduct in the future. Texas law caps punitive damages to twice the amount of economic damages, plus an amount equal to other non-economic damages, not to exceed $750,000 or $200,000, whichever is greater.
Using our example above, if the economic damages are $100,000, and non-economic damages are $250,000, the punitive damages would be capped at $950,000 (2 x $100,000 economic damages, plus $750,000 maximum for non-economic damages).
These punitive damages amounts are further reduced for injury claims against government agencies. These punitive damages caps are as follows:
- State, municipality or emergency services organization – $250,000 per person or $500,000 per occurrence
- Government agencies other than those mentioned above – $100,000 per person and $300,000 per occurrence
Talk to an Experienced Texas Auto Accident Attorney
The experienced Texas personal injury attorneys at Ben Bronston & Associates have assisted numerous clients injured in automobile accidents and can assist you in fighting for the compensation you deserve. Contact us today at 361.LAWYERS (361-529-9377) for a consultation.
