Injury Compensation Caps

Personal injury compensation is usually based on a number of factors regarding your medical bills, lost wages, etc. Insurance companies use a precise calculation when determining adequate compensation to be sure you’re getting enough without overdoing it. Usually, this takes into account the exact amount of your present and ongoing medical bills and expenses multiplied by a percentage determined by the amount of pain and suffering you’ve experienced. It also takes into account lost wages, and punitive damages in some states, if applicable. Sometimes, there are caps on the amount of compensation you can receive.

Shared Fault in Texas

Some personal injury cases are the result of “shared fault.” This means the injury was caused by the fault of two parties: yourself, and the party you are suing. In this case, the state of Texas allows you to seek compensation under certain limits. Usually, the amount of compensation you receive is reduced in accordance with your percentage of fault. So if you are found to be 30% at fault for the accident, your overall compensation amount will be reduced by 30%. This is called the “modified comparative negligence rule.” Contact an experienced Houston personal Injury attorney for advice on finding fault in a personal injury case.

Injury Damages Caps in Texas

The state of Texas also places caps on personal injury damages against medical institutions. In this case, there are statutory limitations on cases against medical malpractice suits. These caps are on the non-economic damages like pain and suffering. Damages that can be finitely calculated, like lost wages and medical bills, are not capped; however, pain and suffering damages are capped at $500,000. In the case of medical malpractice that results in a wrongful death, pain and suffering damages are capped around $1.9 million. Keep in mind these limits are only applicable in medical malpractice suits, not for other personal injury suits.

Claims Against the Government

The Tort Claims Act allows for people to sue government entities or employees if a personal injury was incurred as a result of negligence. Prior to this act, government agencies had immunity against such claims. Today, if you get injured while on government property or by a government employee, you have the right to seek compensation. However, to begin the process, you must first file a claim directly with the agency where the injury occurred (or the agency responsible for the employee who injured you).

Texas law requires that this claim is filed within 60 days of the date of the injury. Any claims filed after that time will be dismissed. There are also caps on the amount of compensation you can receive. Most agencies limit their liability up to $250,000 per person for non-economic damages, depending on the type of agency. Some agencies limit compensation at $100,000 per person.

Punitive damages for gross negligence cannot be sought in a government personal injury lawsuit. Economic damages, like medical bills and lost wages, are not limited because they are a fixed amount based on actual documentation.

Contact an Experienced Attorney

If you have been injured on account of someone else’s negligence, it is important to contact an experienced Houston personal injury attorney as soon as possible. It is imperative that claims be filed as soon as possible to avoid being dismissed. The attorneys at Gordon, Elias & Seely, LLP can help you seek the compensation you deserve. We are experienced in personal injury cases, both government and non-government, and can help you follow the correct steps when filing a claim.