Austin Personal Injury Lawyers

Fighting for Victims of Negligence in Travis County

If you or someone you love was involved in a serious accident or was otherwise injured due to the negligent, reckless, or wrongful conduct of another, Smith & Vinson Law Firm can help. You could be entitled to financial compensation for your resulting medical bills, lost wages, pain and suffering, emotional distress, and more. 

Our personal injury lawyers in Austin represent the rights of the injured and the families of those wrongfully killed throughout Travis County and all of Central Texas. We know how to stand up to powerful insurance companies and other liable parties, and we are prepared to advocate tirelessly for you.

For a free consultation, contact Smith & Vinson Law Firm today at (512) 359-3743 and speak to one of our Austin personal injury attorneys.

What Types of Damages Are Available in a Texas Personal Injury Claim?

“Damages” is a legal term used to refer to the monetary compensation awarded to individuals and other parties who have suffered various losses due to the negligence or wrongful actions of another. There are three main types of damages available in most personal injury cases: economic, noneconomic, and punitive damages. 

Below, we’ve outlined some of the key differences between these types of damages.

Economic Damages

Economic damages are calculated from financial losses you incurred from the accident.

Examples include:

• Medical bills
• Lost wages
• Property damage (i.e., car damage from an accident)

These damages are relatively easy to establish because there is an exact dollar amount associated with each cost, as well as receipts to show proof.

Noneconomic Damages

Noneconomic damages are the intangible effects of the accident.

Some examples include:

• Pain and suffering
• Loss of enjoyment of life
• Disfigurement
• Loss of consortium (harm to family relationships)

These costs can be harder to establish a monetary value for; you cannot pull out a receipt to show how much your pain and suffering cost. However, you should never feel like you cannot seek compensation for these damages. They are just as important as economic damages.

Punitive Damages

Punitive damages are set with the main goal of punishment. If the defendant chose to act in a way that was negligent and reckless, they should be punished for that decision. For example, if an individual made the choice to drink alcohol and then get behind the wheel of a vehicle, they actively chose to endanger others.

Punitive damages differ from economic and non-economic damages in that they are not technically compensating for harm done to the plaintiff. Instead, the plaintiff is seeking these damages because they want to further punish the defendant for making an inexcusable decision.

To seek punitive damages, the plaintiff must prove one of the following:

• The conduct was grossly negligent
• The harm was a result of fraud
• The defendant acted out of malice

Are There Caps on Personal Injury Damages in Texas? 

The state of Texas places a cap, or limit, on the amount one can collect in noneconomic damages for certain types of personal injury cases. For example, in medical malpractice cases, noneconomic damages are capped at $250,000 per defendant/$500,000 per case. 

Additionally, under the Due Process Clause of the Fourteenth Amendment, punitive damages cannot be excessive. In Texas, there is a cap on the amount you can receive in punitive damages. This cap amounts to $200,000 or 2x the amount of economic damages, plus the value of the non-economic damages, up to $750,000.

What Is the Statute of Limitations on Personal Injury Lawsuits in Texas?

The “statute of limitations” refers to the deadline by which one must file a personal injury lawsuit. In other words, the statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. If the lawsuit is not filed within the designated time limit, the injured party will likely lose the right to seek compensation for their injuries, as the judge will almost certainly dismiss any case brought after the statute of limitations has expired. 

In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. However, there are some exceptions and nuances to this rule, so it's important to consult with a legal professional to understand how the statute of limitations applies to your specific case. Even if you believe the deadline may have passed, we encourage you to reach out to our Austin personal injury lawyers to learn whether you still have grounds for a claim. 

Proving a Personal Injury Case in Travis County

To file a personal injury claim, you must be able to prove certain elements that establish the defendant’s liability. 

These elements include: 

• The defendant owed you a duty of care to conduct themselves in a safe manner.
• The defendant acted negligently, recklessly, or in a way that a reasonable person would view as irresponsible given the circumstances.
• The unsafe behavior of the defendant directly resulted in the injury of the plaintiff.
• The plaintiff suffered damages because of the defendant’s actions.

How Comparative Negligence Can Affect Your Case 

The way negligence is factored into personal injury lawsuits varies by state. In Texas, we use a comparative negligence system. This means that the percentage of liability of each party is factored into the damages. For example, if you were injured in an accident that was found to be 30% your fault, your potential compensation would decrease by 30%, meaning you would only be able to recover 70% of the total amount you were seeking in damages. 

Specifically, Texas follows a rule of modified comparative negligence. This means that, under this rule, you cannot claim damages from the other party if you were more than 50% to blame.

Contact Our Austin Personal Injury Team Today 

At Smith & Vinson Law Firm, our personal injury lawyers in Austin can review your case to determine exactly what happened and, most importantly, who is liable. We work with teams of experts and draw on years of experience to build powerful cases for our clients. Our goal is to secure the maximum compensation you are owed, even if we have to take your case to trial. 

When you need a personal injury law firm in Austin or anywhere in Travis County, reach out to Smith & Vinson Law Firm. We’re here to provide the personalized counsel you need and the dedicated representation you deserve.

Call (512) 359-3743 or contact us online for a free initial consultation.