Understanding Damages in a San Antonio Personal Injury Lawsuit

A personal injury lawsuit in San Antonio can be a powerful tool if you’ve suffered severe injuries due to another’s negligence. While fault may be difficult to determine initially, if you suspect negligence was the cause, it is best to discuss your case with a local Texas attorney as soon as possible. The value of your lawsuit is then determined by the damages you claim, which are the sum of the losses you experienced.

At Carabin Shaw, we empower our clients to understand the details of their cases by explaining complex legal jargon, ensuring all deadlines are met on time, and securing justice and compensation on their behalf. Read our client reviews to discover how our legal team has helped Texas personal injury victims just like you, and call 800-862-1260 to schedule your free case review. English and Spanish-speaking professionals are available to speak with you 24/7.

The Bexar County Civil Court awards monetary compensation for wrongdoings that harm a victim. In most personal injury claims, the wrongdoing falls into the category of negligence. Negligence requires 5 components that personal injury lawyers in San Antonio, Texas must prove to win a case:

1. Duty to act reasonably to prevent harm
2. Breach of duty
3. Harm
4. Negligent act as proximate cause of harm
5. Negligent act as in-fact cause of harm

Once the court establishes negligence and liability, Texas attorneys must quantify the harm using dollar amounts. While reducing the damages to dollars and cents might seem like a miscarriage of justice, monetary compensation is one of the only tools the court has to help victims recover from negligent acts.

You and your lawyer must identify all the damages the court will consider in a personal injury claim, which include economic and noneconomic damages.

Economic damages are the costs associated with an accident or injury. The court will award compensation for the following:

• Medical expenses: The cost of current and future medical treatment, equipment, and supply costs.
• Property damage: Expenses related to real or personal property, including car repair costs.
• Loss of income: You may recover any wages or compensation lost due to an injury that prevents you from working.
• Other monetary losses: Any costs related to a negligent act, including expected or ongoing expenses.

Personal injury attorneys in Texas will gather evidence to support all claims of economic damages, including invoices, receipts, and expert testimony to project future costs.

Many of the negative consequences of negligence don’t come with a price tag, but victims are still able to claim them among their damages in a San Antonio personal injury lawsuit. The Texas legal system then does its best to fairly compensate for things that are impossible to quantify with precision. Noneconomic damages include:

• Pain and suffering that is physical in nature
• Mental pain and anguish
• Loss of relationships
• Disfigurement or physical impairment
• Loss of consortium
• Loss of life’s enjoyment
• Damage to reputation
• Inconvenience

Your attorney may assign value to noneconomic damages using a multiplier of economic damages or other unique case details to argue for as much compensation as possible.

The court awards exemplary damages, or punitive damages, as a punishment to the defendant for acts of gross negligence. The plaintiff receives these damages on top of their claimed damages to punish the defendant for poor decision-making and reckless behavior.

Texas law limits punitive damages to noneconomic damages plus two times the amount of economic damages up to specific amounts. The court may not limit punitive damages when the defendant’s injurious act was a felony. Contact our team of San Antonio accident lawyers at Carabin Shaw to find out more about compensable and potential punitive damages in your personal injury case.

At Carabin Shaw, we strive to ensure all our clients receive fair and maximized compensation for their losses. In addition, we offer our services on a contingency-fee-basis, so you don’t have to pay us until we win your lawsuit. Call our toll-free number at 800-862-1260 to schedule a free consultation. Someone is available to speak with you 24/7, and we have English- AND Spanish-speaking staff.

For more information:

• Bexar
• Texas Statutes 41
• Cornell Law