When you are in an accident caused by another party’s negligent conduct, one of the ways that justice prevails is through compensation for your losses. Of course, criminal charges may be brought forward against the party at fault. If found guilty, they are likely to face a jail term or pay court fines. Unfortunately, this may not be rewarding to the injured person, especially when they have suffered economic damages.
Filing a personal injury lawsuit is the best way to secure compensation for the tangible and intangible losses that follow a severe injury. The Texas legal system will try to put you in the position you were in before the accident or injury. Although no compensation can substitute the harm and damage you already suffered, recovering damages in a Brownsville injury case will help secure your future. Most cases result in a settlement, but it is vital that you discuss your claim with a qualified personal injury attorney before filing a lawsuit.
How Do I Qualify for Damages?
As mentioned earlier, damages refer to the tangible and intangible losses that a plaintiff suffers following an accident and are monetarily compensable. Using this definition, it is easy to tell what is expected to be eligible. First, you must have been in an accident caused by the negligence of another party. You must prove the basic elements of negligence which are:
- A duty of care existed
- The duty was breached
- The breach was the proximate cause of your harm
- You incurred damages
Being injured is not enough to warrant compensation in a Brownsville injury case. You must prove that the defendant was at fault. As a shared fault state, Texas laws require that defendants be 51% or more to blame for your injuries in order to collect damages. A seasoned Brownsville personal injury lawyer may help establish the degree of fault for each party involved in your accident.
For a free legal consultation, call (832) 449-8230
What Damages Can I Collect?
The damages available in a Brownsville injury case vary based on each case and the parties involved. Since each claim is unique, a skilled attorney must review the facts of your injuries and losses before establishing the damages you may sue for. Usually, the compensation you may recover is split into three categories, namely:
Economic Damages
Economic damages refer to the monetary losses that an injured person incurs after an accident. Most of the time, these losses are attributed to treatment, rehabilitation, and property repair. They are the easiest to prove since they come with tangible evidence such as bills and reports. Each monetary loss you suffer should be documented and availed to your attorney during consultation to ensure that your actual losses are captured. This helps guarantee that the compensation you receive is fair and a true reflection of the losses you incurred. Economic damages in a Brownsville injury case include:
- Past, current, and future medical expenses
- Rehabilitation costs
- Lost wages for the time spent away from work
- Lost future income due to loss of earning ability.
To show the losses and expenses that may arise in the future, you will need expert witnesses such as your physician and an economist. Their testimonials and in-depth analysis of your injuries and damages go a long way in helping maximize your compensation.
Non-Economic Damages
Not all losses suffered in an accident are physical. In fact, there are unique scenarios where victims survive unharmed. In these cases, they may still be entitled to compensation arising from intangible losses such as pain and suffering, emotional trauma, and post-traumatic stress disorders. If someone has been killed, their estate may file a wrongful death claim seeking compensation for loss of consortium, loss of companionship as well as pain and suffering.
Punitive Damages
Punitive damages in a Brownsville injury case do not make the plaintiff whole again. Instead, they are meant to punish the defendant for their negligent conduct and deter other parties from doing the same. They are usually awarded if the court finds the defendant outrageously reckless or careless. Punitive damages are lesser than economic and non-economic damages.
Learn More About Damages in a Brownsville Injury Case
If you were injured in an accident that you feel was avoidable, you may be eligible for compensation. You need to act quickly, given the short time Texas legal systems allow personal injury claims to be brought forward. We help our clients get the compensation they deserve for tangible and intangible losses. To get help with your case, and to learn more about damages in a Brownsville injury claim, please get in touch with us right away.
Call or text (832) 449-8230 or complete a Free Case Evaluation form