The legal term for carelessness is negligence.
Drivers in Texas are required to maintain a basic level of care. This includes following all traffic laws, posted speed limits and signs.
If you have been harmed by someone else’ carelessness while driving, you have the right to be paid compensation for your property damages and any bodily injury. The company or person who caused your accident must make you whole.
That means they must take steps (or pay money) to put you as closely as possible into the financial position you were in before the loss.
After an Austin auto accident, some of your harm can be repaired. These are generally known as economic damages:
Money can address some of your costs like medical bills or therapy.
But with bodily injuries and other losses, money may not really be enough to ‘make you whole’.
You may have permanent physical pain or damage. You may have mental anguish or trauma from the accident. You may be unable to work. In the worst cases, you may even have lost a loved one.
In these cases, the law tries to compensate you by assigning a dollar figure to the damages you suffered. This is not a perfect fix. It is the best that the law and society can come up with to make you whole under the circumstances.
In any Austin personal injury lawsuit, the amount of damages must be calculated. The damages will depend on the circumstances of your case.
Under Texas law, personal injury cases are generally limited to:
The first step is to find the total amount of your medical costs related to the injury. This is usually the amount of the medical bills and repair costs.
In some cases, you can also recover damages for:
To calculate pain and suffering or other damages, the total medical costs are usually multiplied by a number, generally between 1.5 and 5.
The number that is used varies depending on the circumstances of the injury.
For example, if your injuries were serious, the number used could be higher than 5. The amount of your lost wages is then added to that number. The result gives a starting number to begin settlement negotiations. If your case can be settled, you will not need to go to court.
When someone was particularly reckless and harmed others, sometimes courts punish the person by making them pay additional money. These are often known as punitive damages.
They are designed to prevent that person from being reckless again. They also make an example of that person, so that others know to act carefully. That’s why in Texas, they are called exemplary damages.
For example, a jury might decide to award exemplary damages if:
Texas Civil Practice and Remedies Code Section 41, permits exemplary damages to punish reckless and intentional behavior that harms others.
However, Texas law provides certain limits on exemplary damages.
Calculating what your case is worth is complex. If you or a loved one has been injured in an accident, call Justinian and Associates today. We offer a free consultation with an experienced and knowledgeable personal injury attorney (not a “screener.”)
Tell us your story and we will explain your rights under Texas law. There is no fee, there is no obligation. And if you choose us to represent you, unless we get you compensation for your injuries, you owe us nothing.