Understanding Non-Economic Damages in San Antonio Personal Injury Cases

When pursuing a personal injury case, economic damages are those that are often readily apparent to victims, including costs such as medical bills, property damage, and lost wages. Non-economic damages, on the other hand, are more nuanced and subjective, meaning inexperienced attorneys and unknowing injured parties often overlook them. Those seeking to pursue litigation after an accident in San Antonio should look no further than the top personal injury lawyers in Central Texas at Carabin Shaw to maximize potential compensation. Our professional team has worked with personal injury victims throughout Texas for over thirty years, and our attorneys know how to secure the justice you deserve for all economic and non-economic damages.

Read over our previous client reviews to learn more about our law firm, and then call Carabin Shaw 24/7 at 800-862-1260 to book your free, no-obligation initial consultation in either English or Spanish. If you are suffering after an accident in San Antonio, Texas, that was caused by the negligence of another, don’t wait. Contact Carabin Shaw today and learn how a personal injury case may benefit your recovery.

When someone is injured due to the carelessness of another in San Antonio, TX, that person is likely entitled to pursue compensation for costs associated with the resulting damages. In personal injury cases, this may derive from accidents like car wrecks, motorcycle accidents, work injuries, slip and falls, etc., as well as product liability, dog bites, animal attacks, and more. A San Antonio personal injury lawyer will be tasked with proving negligence in such cases, which involves illustrating that a duty of care was owed to the victim, that duty was neglected, and the plaintiff, or injured party, suffered damages as a result.

If negligence is indeed a contributing factor, Chapter 41 of the Texas Civil Practice and Remedies Code outlines the costs that victims can be compensated for. Economic costs are easily calculable and are relatively objective.

Non-economic costs are more difficult to calculate and include expenses like:

• Pain and suffering: This includes acute and chronic pain resulting from medical procedures, initial recovery, physical therapy, and other related conditions. This may also include anxiety, fear, depression, insomnia, and PTSD. Consult with a local lawyer to discuss your specific concerns.
• Loss of enjoyment of life: If the resulting injuries impact a victim’s ability to participate in activities, hobbies, sports, or social interactions, this represents a diminished quality of life.
• Disfigurement or scarring: Injuries that leave lasting alterations to a person’s physical appearance may impact their self-esteem, thus allowing them to claim damages.
• Loss of companionship: Refers to the loss of intangible benefits of a relationship with loved ones, including emotional support and guidance.
• Decreased quality of life: This is a fairly broad category that encompasses a general sense of being "less than" or feeling permanently altered by specific physical or emotional issues that resulted from the incident.

These are some of the potential non-economic damages you can claim for a personal injury claim in Central Texas. While San Antonio victims looking to pursue litigation aren’t required to hire an attorney to assist with their case, it is highly recommended. Having a skilled legal professional on your side means a much higher chance of success, as well as ensuring you receive the correct compensation you are owed.

Texas adheres to a unique "proportionate responsibility" law, also known as a "modified comparative negligence" system. The rule states that a victim’s total awarded damages will be reduced by their assigned percentage of fault. As long as you are found less than 50% responsible for an accident, you can still pursue a lawsuit. If you are found 20% at fault, for example, you will be awarded 80% of the total damages rather than the full 100%.

Due to the complexities of this law and the intricate ways in which it may affect your claim, any party looking to pursue legal action should discuss their case with a local attorney as soon as possible.

Texas pain and suffering laws are nuanced, but the experts at Carabin Shaw have decades of experience fighting on behalf of clients all over the Lone Star State. We always represent individuals, never big companies or corporations, and we are committed to assisting our clients with the utmost care, compassion, and empathy. Our law firm will ensure you receive the non-economic damages you need to restore your life to normal.

If you’ve recently suffered from a serious accident because of the negligence of another, you deserve to have the state’s most trusted lawyers on your side. Call Carabin Shaw today at 800-862-1260 to schedule your complimentary consultation, and remember, no payment is due unless your case is successfully resolved, so there’s nothing to lose!

For more information:

• Cornell Law
• Texas Statutes 41
• Texas Statutes 33