Liability for Personal Injuries
Most personal injury claims are founded on the legal concept of liability. If someone is liable for your injuries, they should compensate you for them. To prove the liability and negligence of the other party, you or your Waco personal injury lawyer must be able to demonstrate the following:
- The other party owed you a duty of care. For example, they had a duty to drive the speed limit, shovel their walkways, manufacture a safe product, or not drink and drive.
- The other party breached their duty of care—perhaps their dangerous dog got loose, they were texting while driving, or a doctor amputated the wrong limb.
- Their breach of duty caused your injuries—you fell and broke your wrist, a car hit your bike, causing you a traumatic brain injury (TBI), or you have lacerations that will scar you.
- Your injuries resulted in your damages—these typically include medical expenses, lost income and wages, property damage, and pain and suffering.
The success of your claim relies on being able to prove these four elements of negligence. At the Patel Law Firm, our Waco personal injury lawyers are well-versed in each of these elements. We know what it takes to prove them and maximize your compensation.
Unfortunately, there’s no blanket answer to this question. Each case is different. In general, a personal injury case can take a few months to a year or more to be resolved. The duration of your case relies on many details.
The Extent of Your Injuries
You only have one shot at getting what you deserve for your injuries. Once you accept a settlement or a jury renders a verdict, your case is over forever. Trying to resolve your case prematurely could result in you not getting the maximum compensation possible for your injuries. Suppose your case ends before you understand the extent of your injuries and how they will impact your life in the future. In that case, it’s unlikely that you will receive fair compensation. Doing so could cost you tens or even hundreds of thousands of dollars.
It’s best not to rush things so that the impact of your injuries will be known when you are ready to settle your claim. Waiting for a while can be frustrating and worrisome; however, it’s essential to get you what you deserve.
How Your Case Ends
Most cases end in a settlement while a few go to trial. The personal injury cases that end in a settlement are usually resolved faster than those that aren’t. While some settlement negotiations can last for months, waiting for a court date can take even longer. However, in some injury claims, taking the time to go to trial is worth it to receive fair compensation.
Insurance Company Cooperation
If the at-fault party’s insurance company refuses to cooperate, it will delay the resolution of your case. When insurance companies respond promptly to your Waco personal injury attorney, it will move things along quicker. However, not all insurance company’s or their legal counsel want to get things over with quickly. They may take weeks to respond to your attorney. Your attorney can help keep your case moving forward to complete the legal process as soon as possible while keeping you informed of any new developments in your claim.
How Complicated Your Claim Is
Simple, straightforward claims resolve quicker than complex ones. If it’s clear that the other party was at fault for your injuries, your case will likely settle within just a couple of months. However, if your case involves any of the following, it may take two years or longer:
- More than one at-fault party
- Catastrophic injuries
- Complicated insurance issues
- Disputes over fault
Comparative Negligence in Texas
Waco Personal Injury Law Firm In some personal injury claims, there are multiple parties at fault, including the injured party. Under these circumstances, the parties will accept, or the court will assign a percentage of fault during litigation. For example, if a professional dog walker lost control of the animal and the animal bit you, both the dog owner and the walker could have liability.
The dog walker could have 70 percent fault and the owner 30 percent. If an injured party’s case is valued at $100,000, the insurance company for the walker would pay $70,000 of their damages while the dog’s owner’s insurance company would pay $30,000.
In other cases, the injured party and another party could both have some fault. Texas allows the injured party to collect damages if they were less than 50 percent at fault when this happens. If they were more than 50 percent at fault, they aren’t allowed to seek damages.
If you were hit by a drunk driver while attempting to cross the road outside of a crosswalk, you could both be at fault. Suppose the drunk driver’s insurance company is willing to accept 80 percent of the responsibility. In that case, they will pay 80 percent of your damages. You won’t receive the other 20 percent due to your own fault.
Damages in a Personal Injury Claim
When you hear that someone was awarded a certain amount of damages in a legal dispute, they were given money to compensate them for their losses. Damages are the financial translation of those losses. Your losses can vary, depending on the extent and nature of your personal injury. Generally, someone who suffers disabling or catastrophic injuries will receive more damages than someone who doesn’t.
The most common type of damages are compensatory damages. Compensatory damages can be special or general. Special or economic damages mean financial losses such as property damage, past, and future medical expenses, prescriptions, rehabilitation, lost wages and income, and loss of earning capacity.
General damages are those that are intangible. Since they don’t come with a value already attached as a medical bill does, they can be harder to prove and value. However, an experienced Waco personal injury lawyer can help you obtain them. These non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
General damages are usually awarded for between 1.5 and 5 times that of special damages.
Punitive Damages
Another less common type of damages that can be awarded in litigation for personal injuries is punitive damages. Whereas compensatory damages are obtained to pay the victim for their losses, punitive or exemplary damages are awarded to punish the at-fault party.
If your accident arose from someone’s gross negligence and resulted in severe or significant, you can pursue punitive damages.
Damage Caps
Damage caps or limits apply to some personal injury cases, mainly those involving medical malpractice. You have the right to file a claim for the entire amount of economic damages. However, non-economic damages are limited to $250,000 against doctors and $250,000 against other healthcare providers. Additionally, damages caps apply at $500,000 for all medical care providers involved. Under this Texas law, the maximum non-economic damages a person can recover in a medical malpractice claim is $750,000. There are exceptions to these general rules – it is best to consult with a qualified Waco personal injury lawyer who can advise you on your unique situation.
Claims Against the Government
Government agencies are largely immune from liability for personal injuries in Texas. However, if they do have personal injury liability, the injured party’s damages will be capped at $250,000 for a single person and $500,000 for a single event. Therefore, no matter how many injured individuals are involved, no more than $500,000 can be awarded between them. Again, there are always exceptions to the general rule; that is why you it is imperative you speak with legal counsel as soon as possible.
