Understanding Compensation Calculations In Personal Injury Cases In Texas

Personal injuries can be a devastating experience, both physically and emotionally. It can disrupt your life, strain your financial resources, and cause stress for you and your loved ones. If you have been injured due to the negligence or fault of another, you may be entitled to compensation under Texas law. But how exactly does compensation get calculated in Texas personal injury cases? This blog post will explore the factors considered by Texas courts and who pays for the compensation awarded.

Types Of Compensation

Under Texas law, a person injured due to someone else's negligence is entitled to various types of compensation, such as:

- Economic damages: These include quantifiable losses such as medical bills, lost wages, property damage, and other out-of-pocket expenses.

- Non-economic damages: These are subjective losses like pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.

- Punitive damages: These are awarded to punish the at-fault party for their egregious conduct, deter them and others from repeating such behavior.

Factors Considered

When determining compensation, a Texas court will consider several factors, including:

- The severity of the injury and the degree of harm caused.

- The extent to which the victim is responsible for their injury, if any.

- The defendant's liability and proportionate fault for the injury.

- The victim's age, earning potential, and occupation.

- The availability of insurance coverage and limits.

- The impact of the injury on the victim's quality of life.

Who Pays For Compensation

In most cases, it is the defendant's insurance company that pays for the compensation awarded to the victim. For example, in a car accident case, the at-fault driver's auto insurance would typically cover the damages. If the defendant does not have insurance or has inadequate coverage, the victim may have to pursue legal action against their own insurance company or seek compensation from their personal assets.

How We Can Help

At Manfred Sternberg & Associates, our experienced personal injury attorneys can help you navigate the complex legal process and negotiate with the insurance companies to ensure you receive full and fair compensation for your injuries. We understand the physical, emotional, and financial toll that personal injury can take, and we are committed to getting you the compensation you deserve.

In conclusion, calculating compensation in a personal injury case can be a complex and nuanced process. The Texas courts consider various factors, including economic and non-economic damages and the defendant's degree of fault. Ultimately, it is the defendant's insurance company that pays for the compensation awarded to the victim. If you or a loved one have been injured due to someone else's negligence, contact us at Manfred Sternberg & Associates to discuss your case and explore your options for getting the compensation you deserve.