Truck crashes are among the most severe types of accidents. When a truck collides with a passenger vehicle, severe injuries and fatalities are common. When a truck driver or trucking company is negligent in a crash, they are responsible for all damages resulting from the collision. Your damages may include your medical expenses, money for pain and suffering, and reimbursement for lost wages. In Texas, the law limits the amount of money you can recover in a personal injury case in a few situations.
What are the Damage Caps in Texas?
The law provides limits for the amount of monetary compensation you can recover in some types of personal injury or wrongful death cases. These limits apply in three distinct situations, including:
● Personal injury claims that include punitive damages
● Medical malpractice lawsuits
● Personal injury cases against the government
Punitive damages are only awarded in cases where there was gross negligence. Punitive damages are meant to punish the offender and deter them from committing the action again in the future. In regular negligence cases, the negligent party is responsible for damages. Gross negligence means that the party’s actions were beyond negligent. Punitive damages are not associated with economic reimbursement for expenses such as medical costs or lost wages. Punitive damages are also called exemplary damages.
Legal Punitive Damage Limits in Texas
In Texas, the punitive damage award cannot exceed specific limitations. In general, the amount of punitive damages cannot be higher than two times the economic damages plus the amount of non-economic damages. The total cannot exceed $750,000. In medical malpractice cases, you may sue for all your economic damages with a cap on non-economic damages.
The total recoverable damages are $500,000. Claims against governmental entities have a limit of $100,000 per person and $300,000 in a single occurrence.
Punitive damage limits are in place to deter people from recklessly endangering the public and committing extremely dangerous acts. When you are hurt due to the negligence of someone else, litigation is warranted, and damages are limited to compensatory damages.
Compensatory damages for a trucking accident would include such things as mental anguish, pain and suffering, medical expenses, and disability or disfigurement. You are entitled to receive compensation for damages that happened to you because of the negligent act.
Every case is different and has a unique set of facts. Your attorney will review your accident to determine the best way to proceed. Many personal injury cases are settled before they go to trial.
A truck accident attorney in Houston will work on your behalf to gather evidence and negotiate a fair settlement. Only if a settlement cannot be reached will the matter proceed to court.
Your lawyer will work to get you the compensation you need for your economic and non-economic damages as well as provide proof of gross negligence where it applies. Injuries from truck accidents can be severe, and recovery can be a lengthy, ongoing process. There may be information available to prove that the driver was grossly negligent or that the trucking company was extremely careless.
Gross negligence in an 18 wheeler accident could be not correctly inspecting or maintaining their fleet when the dangerous condition was known and played a role in the crash.
If you were hurt in a truck accident, do not delay. The law limits the time to file a claim. Contact the attorney for a truck accident in Texas. Call (281) 893-0760!