If you’ve suffered an injury in Texas, you may be speaking to a personal injury lawyer to collect damages for your injuries, pain and suffering, and lost wages. However, Texas personal injury law places some strict caps on certain damages. For instance, Texas has limits on the amount of money a victim can collect in punitive damages. Additionally, Texas law places strict caps on the amount of money victims of medical malpractice can collect in a medical malpractice claim. If you are seeking punitive damages or have suffered from medical malpractice, it is important to speak to Van Zandt personal injury lawyer Eric Cooper with Cooper Law Firm to determine whether caps may limit the amount of money you can collect.
Punitive damages are different than compensatory damages. Compensatory damages are damages meant to help you cover medical expenses, lost wages, and pain and suffering. Punitive damages, however, are intended to punish a negligent party for gross misconduct. According to the American Tort Reform Association, Texas law limits a plaintiff’s punitive damages to two times the amount of actual damages up to $750,000 in total damages or $200,000. A unanimous jury must find that the defendant acted maliciously or showed indifference to the safety of other people. Punitive damages must be sought in a separate case, after compensatory damages have been awarded. Only in certain circumstances will a plaintiff be able to seek punitive damages. Victims who have suffered an injury due to another person’s negligence should speak to a personal injury lawyer in Texas to determine whether punitive damages can be sought.
Another case where Texas law places caps on damages is in the instance of medical malpractice. According to the Texas Medical Association, wrongful death for medical malpractice damages are capped at $500,000. The cap for a claim against a single health care institution is limited at $250,000. If more than one hospital or institution was involved in the medical malpractice, a defendant is limited to collecting $500,000 from all institutions. Every year, these caps are adjusted for inflation, so it is important to speak to your personal injury lawyer in Texas, who will first determine the amount of damages you deserve, before determining the current caps based on inflation. Patients who have suffered serious injuries as a result of medical malpractice shouldn’t hesitate in bringing forward a case. The caps might seem initially low, especially when considering that some medical malpractice claims can go into the millions of dollars in damages. However, when inflation is taken into account, many claimants can receive satisfactory damage awards.
If you’ve been injured in Texas due to another person’s negligence or neglect, it can sometimes be challenging to determine the value of your claim. Contacting a personal injury lawyer in Texas is an important first step to ensuring that you receive the justice and the compensation you deserve. Visit http://cooper-law-firm.com today or call (903) 297-0037.
https://usattorneys.com/wp-content/uploads/sites/2/2020/01/logo.svg 0 0 Luis https://usattorneys.com/wp-content/uploads/sites/2/2020/01/logo.svg Luis2015-09-29 15:23:032020-04-18 22:35:25Personal Injury Law in Texas and Caps to Damages: What You Need to Know