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.

In Texas, there is something called punitive damages. These damages are not intended as specific compensation for an injured person. They are intended to deter intentional and reckless conduct by designers and manufacturers. It takes an experienced attorney to get these types of damages.

Call us at Carabin Shaw. We will fight to get you the compensation you deserve. Call 800-862-1260.

If the acts of party found to be at-fault are found to have been actually intended to cause injury this is called an “intentional tort.” If the liable party’s actions were so thoughtless and reckless that malice on their part can be inferred, this can also qualify as an “intentional tort. In these situations, the responsible party may have to pay punitive damages. The basic purpose of “punitive damages” is to inflict punishment upon a wrongdoer. This is to deter the liable party from engaging in similar conduct at any future time.

Punitive damages are not calculated by the specific damages awarded in your case. Above is a simple explanation of these damages.

Our fees in such cases are calculated simply. We get a percentage of whatever we recover for you. If we don’t get you a recovery, we don’t get a fee. It is that simple. We have over 20 years of experience holding persons and companies who commit torts liable. If punitive damages are available in your case, we will fight just has hard to collect those as we will to get you the direct compensation you deserve.

You shouldn’t have to worry when you get on your bike. You should just be able to enjoy yourself and get some time to clear your head while you ride. You shouldn’t have to worry whenever your children hit the brakes on their bikes. Sadly, because of Trek, and its questionable bikes, these days you do have to worry. If that worry was well justified and turned to injury, let us help. Our legal team is standing by to assist you with your defective bike claim. Whether it was you or one of your kids, or your spouse who got injured, we can help.

Products liability cases can be expensive to litigate. We have the resources to hire the right expert witnesses and to counter the expensive professional witnesses Trek will bring to the table. You need a amply financed experienced legal team in your corner. We can be that team.

Call us at Carabin Shaw. We will fight to get you the compensation you deserve. Call 800-862-1260.

If you or a loved one was injured by a Trek bicycle involved in an accident, contact Carabin Shaw today to get information specific to your options. Carabin Shaw can answer any questions in a free, no-obligation consultation. If you have a good case, we will work with you and one of our affiliated Trek bicycle lawyers who can help you through the entire legal process. Texas law limits your time to file a claim, Contact one of our experienced lawyers today for help.

Call us at Carabin Shaw. We will fight to get you the compensation you deserve. Call 800-862-1260.

For more information:

• Bexar
• Texas Statutes 41
• Cornell Law