Damages Available In A Personal Injury Case
Do you want to file a personal injury lawsuit in Texas? Do you want to get compensation for your damages? In Texas, you can file a lawsuit for damages in a personal injury case. For such damages, you need to prove that you have sustained injuries due to the negligence of others. If you are able to prove the other party’s negligence, then you can get compensation for your damages. There are different types of damages such as financial damages and physical damages. In most cases, you can claim for all these types of damages as long as you can prove the negligence of other parties.
Personal injury damages in Texas covers a variety of things that include property damage, medical expenses, mental anguish, pain and suffering, loss of earning capacity, disfigurement, and loss of household services. In addition, if a loved one has died as a result of the negligence, you can also file a claim for wrongful death. These damages include the loss of companionship, funeral expenses, loss of the inheritance, and the loss of the society. If you want to get compensation for any damages, then it is always suggested to hire an experienced personal injury lawyer to present your case. Lawyers can also empathize and help you fully understand the legal complications well.
Statute of Limitations for Filing a Personal Injury Lawsuit in Texas
All the states in the U.S. have some time limits, otherwise known as a statute of limitations, to file a lawsuit for any personal injury cases and subsequent damages. Many things depend on what type of the case you want to file. But in general, you will have two years to file a lawsuit for the damages related to a personal injury. If you want to get the compensation and prove your case, you will have to file the lawsuit in your state’s civil court system before two years after such accident. If you file the lawsuit after the completion of two years, then the civil court will not hear your case or will not accept the lawsuit and you will not be able to claim the compensation anymore.
Damages Recoverable in Personal Injury Cases
Almost all the damages that can be covered by the laws defining personal injury cases include emotional, physical, and financial. The details of the recoverable damages are as follows:
Financial damages: Financial damages includes medical bills, loss of the income, loss of the earning capacity, property damage (this includes car, phone, computer damage, etc.), total loss of property, loss of use property, diminished value of the property, and loss of the services.
Physical damages: Physical damages includes any past and future physical impairment, any past and future physical disfigurement, and loss of the body and/or mental function.
Emotional damages: The emotional damages include the mental anguish, pain and suffering, emotional, and/or mental trauma.
Wrongful death: In the event a loved one passed as a result of the negligence, a wrongful death case covers the pecuniary loss, mental anguish, loss of filial consortium, and/or emotional trauma related to the death of the loved ones.
Other recoverable damages related to a personal injury claim are prenatal injury, prejudgment interest, exemplary damages, and any court and attorney fees. But in order to claim for any damages, you need to prove the negligence of another party and the assitance of an experienced personal injury attorney.