After being injured in a collision, you may suffer severe or even life-threatening injuries. If the crash was caused by the negligence of another party, that person is liable for your damages.
Damages are the medical bills, lost income, pain and suffering, and other expenses resulting from your injuries. If the at-fault party acted in gross negligence, you may be eligible to recover punitive damages, also known as exemplary damages.
A qualified Houston personal injury lawyer at West Loop Law and the Law Office of Nhan Nguyen, MD, JD will review your case and help you in recovering the compensation you deserve.
Accident Damages in a Personal Injury Claim
Damages resulting from a truck accident in Houston may be actual or punitive. The three primary categories of damages include:
- Economic
- Non-economic
- Exemplary or Punishment (Punitive Damages)
Actual damages are economic or non-economic. Actual damages may include things such as medical bills, medication costs, future medical treatment, and lost income.
Non-economic injuries are those that lack a set monetary value, like pain and suffering, mental anguish, disfigurement, loss of consortium, and physical impairment.
Under Texas law, punitive damages are considered exemplary damages. These damages are awarded as punishment and are separate from economic and non-economic damages.
Limitations on Punitive Damages in Texas
Texas law has restrictions in place for punitive damages in personal injury claims. There are caps on punitive damages exceeding $200,000 or twice the value of economic damages plus non-economic damages up to $750,000. A cap does not apply if the act that contributed to your injuries was a felony.
Maximums are different for cases involving medical malpractice. There are no limits on the compensation you can obtain for non-economic damages, like pain and suffering.
Punitive damages are not a given. The plaintiff or their Houston personal injury lawyer must request punitive damages as a part of their claim. The judge will then evaluate the case and determine if punitive damages are appropriate and will decide on an award.
The judge may award punitive damages for an injury due to fraud, malice, or gross negligence. Punitive damages are only applied if other damages also occurred. For example, you could not pursue punitive damages unless you suffered economic or non-economic damages.
Am I Entitled to Punitive Damages After a Houston Semi-Truck Crash?
Every personal injury case is different due to its unique circumstances. In the end, only the judge can make an official decision as to if punitive damages are appropriate for your situation. A qualified 18-wheeler accident lawyer in Houston can review the details of your case and inform you if your case could be eligible for exemplary damages. In order to be entitled to punitive damages, you have to show that the other party acted in gross negligence or did something with the intent to cause an accident or injury. For instance, someone who was intoxicated while driving may be subject to punitive damages.
18-Wheeler Accidents in Texas
Houston 18-wheeler accidents can result in life-changing consequences for crash victims. The size and speed of these massive commercial vehicles make them particularly dangerous. Injured parties should consult with a qualified Houston big truck lawyer to pursue the compensation they deserve after a crash. If you were injured in a trucking accident, West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help. Nhan Nguyen, Nader A. Rabie, and the rest of our qualified legal team can provide you with the top-quality legal representation necessary for a successful personal injury claim. You may be owed compensation for your damages, including medical bills, lost income, and pain and suffering. Give us a call at 713-840-7200 to see what we can do for you.
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