Damages in a San Antonio Personal Injury Case
After an accident, you are probably overwhelmed with expenses and want to make sure you get maximum compensation. In a personal injury case, there are a variety of damages you can fight for, depending on the nature of your case. If you live in the San Antonio area and want to pursue a personal injury case, talk to one of our lawyers at Carabin Shaw for guidance. There is no need to search for “best personal injury attorney near me” any longer; with our team on your side, you will get seasoned and passionate attorneys who will fight to get you the compensation you deserve.Types of Damages in a Personal Injury Case
If you are wondering what types of damages in a San Antonio personal injury case you can win, there are two categories you should know about: compensatory and punitive.
Compensatory damages include general and special damages:
- General compensatory damages - These types of damages compensate an individual for non-financial damages. This can include pain and suffering, mental anguish, and loss of consortium. Most personal injury cases include some general damages.
- Special compensatory damages - These are damages that are economic, and have a specific monetary value. This includes medical expenses and lost income.
Punitive damages are intended to punish a defendant for their purposefully negligent actions. They are only awarded when it is proven that their behavior was malicious or intentional. If you have questions or want to pursue punitive damages, talk to a personal injury attorney San Antonio about the details of your case.
It is also important to know that there are damage caps in Texas. Damage caps are a focal point of “tort reform,” which is used by corporations to limit their liability and pay victims as little as they can. Punitive damages cannot be more than the value of two times the special damages awarded to the victim, plus the amount equal to their award for general damages. Medical malpractice and lawsuits against government entities also have damage caps.Calculating Damages
One of the most important steps of negotiating a settlement is calculating how much money you are willing to accept before taking any further legal action. Most insurance companies and attorneys will use one of two formulas when discussing a financial starting point for a settlement.
One formula is called the “per diem” method, which means calculating the number of days you have been in pain and multiplying it by the number of days you have suffered from pain.
The other method is called “the multiplier.” The insurance adjuster will add up the special damages and multiply it by a number between 1.5 and 5. The severity of your injuries, medical bills, future treatment, and impact on your daily life are just a few of factors your lawyer will take into account.
Although the process of a personal injury case may seem overwhelming after an accident, it is important to get compensated for your injuries. Depending on your injuries, you may have years or a lifetime of recovery ahead of you. Our San Antonio accident attorneys will walk you through the process and fight for what is rightfully yours.Need for a Personal Injury Attorney San Antonio? Call Us Today.
Wondering “Who is the personal injury attorney near me?” At Carabin Shaw, we want you to prioritize your health while we calculate your damages.
Our law firm has helped hundreds of clients in San Antonio and across Texas and New Mexico to get them the compensation that is rightfully theirs. You do not have to suffer after an accident. If you have questions about damages in a San Antonio personal injury case, talk to our San Antonio accident attorneys at 210-222-2288 for a free initial consultation.