A personal injury lawyer provides vital assistance when you or a loved one is seriously injured in an accident. After a serious injury, you may feel overwhelmed by medical bills, legal questions, and uncertainty as to how to proceed. Having a qualified San Antonio personal injury lawyer by your side who can help you navigate the personal injury claims process can relieve some of that stress.
Personal injury claims arise when someone’s actions lead to another person’s injuries or death. Injury cases frequently involve car accidents, truck accidents, and motorcycle accidents.
In Texas, you do not have to prove that someone was completely responsible for your injuries. The state applies a theory of “modified comparative negligence” in personal injury cases — as long as you are less than 50 percent responsible for your injuries, you can recover against the other party.
How Much Can I Receive in Damages?
In a personal injury case, you can receive both compensatory and punitive damages. Compensatory damages are awarded to make you “whole.” They include:
- Economic damages: reimbursement of your medical expenses, lost wages, lost earning potential, and other expenses, and
- Non-economic damages: compensation for your pain and suffering, loss of companionship, and loss of enjoyment.
Sometimes, compensatory damages in Texas are capped. If you have a medical malpractice claim or a negligence case against a government entity, your compensation have limitations. A San Antonio personal injury lawyer can help you understand whether there is a compensatory damage cap in your claim.
The court awards punitive damages to punish a negligent party for its behavior. In Texas, punitive damages are limited to:
(Economic Damages x 2) + (Non-Economic damages — not to exceed $750,000, or $200,000 —whichever is greater)
For example, suppose you were in a serious car accident. Your economic damages total $800,000 and the court awards you $1 million in pain and suffering. Your punitive damages would be capped at $2.35M ($800,000 x 2 = $1,600,000; $1,600,000 + $750,000 = $2,350,000).
If the insurance company has approached you with a settlement offer, do not assume that it is fair and reasonable. Instead, contact an experienced personal injury lawyer for assistance. Calculating damages is an art. At the Law Office of Jesse Hernandez, we can help you maximize your recovery and ensure that you receive just compensation for your injuries.
What Is a Statute of Limitations?
You do not have unlimited time to file a negligence or personal injury lawsuit. A statute of limitations sets strict filing deadlines. Once this deadline has passed, you lose your right to sue the negligent party. (If you file a lawsuit after the statute of limitations expires, the court will dismiss your case.)
In Texas, most personal injury lawsuits have a two-year statute of limitations. However, there are exceptions to this rule. If you sustained serious injuries in an accident, contact us immediately. A lawyer can evaluate your claim and ensure that you file a lawsuit within the correct statute of limitations.
Do I Need to Hire a Personal Injury Lawyer?
Texas personal injury cases are becoming increasingly complicated and most people benefit from hiring an experienced San Antonio personal injury lawyer. Your lawyer will:
- Evaluate and interpret your medical records,
- Analyze and apply Texas’ personal injury laws,
- Investigate your accident and build a compelling case against the negligent party,
- Hire necessary expert witnesses,
- Calculate your damages,
- Negotiate with the insurance companies on your behalf,
- Educate you about your legal rights and responsibilities, and
- Provide peace of mind while you recover from your accident.
Insurance companies try to take advantage of the unrepresented. Hiring an attorney will help you protect you and your loved ones and ensure that you receive fair compensation.
Contact a San Antonio Personal Injury Lawyer Today
At the Law Office of Jesse Hernandez, we understand the challenges you face after an accident. Contact us today to schedule a confidential evaluation with a San Antonio personal injury lawyer who can help.