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No matter how hard we might try, sometimes it is impossible to avoid other people’s negligence. Just because you are injured, though, does not mean you have to live with the consequences and injustice.
Some personal injury victims are not sure if they should even bring a claim. However, if someone else was involved in the accident, you likely have a valid case. Our attorneys can determine for sure and prepare your case before your filing period runs out. You should still consult our team even if you are unsure, as you will not be able to file a claim after too much time has passed. Working with our lawyers is also the best way of getting the maximum amount for your injuries. We will assess your economic and non-economic losses and determine if exemplary damages should be claimed.
For a free case evaluation with our Dallas personal injury attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.
Time Limits to File a Personal Injury Lawsuit in Rockwall, TX
It is common for injury victims to take some time to consider whether it is worth filing a lawsuit in Rockwall. However, you will not want to wait long. Personal injury cases are limited by what is known as the “statute of limitations.” This sets the time limit to file a particular case. In Rockwall, personal injury lawsuits must be filed within two years of the date of the accident, as per Tex. Civ. Code. Prac. & Rem. Code § 16.003(a). This is a harsh rule. If your lawsuit is not filed within this timeframe, you will not be able to pursue compensation at all.
If the deadline is approaching or passed in your case, our personal injury attorneys can see if an exception will allow you more time to file your lawsuit. There are a few situations where the statute of limitations might be tolled. For instance, those of “unsound mind” at the time of the accident will generally have more time to file, according to § 16.001(a)(2). Unsound mind refers to any mental or physical disability that the victim was under when the accident occurred and prevented them from being able to sue.
It is important to note that the person must be actively under a disability when the accident happens. If the disability arises after the accident or cause of action accrues, it will not suspend the statute of limitations period, according to § 16.001(d).
Children who are victims of personal injury will also have more time to file. If the victim is younger than 18, the statute of limitations will not toll until they turn 18, giving them two years to file from that date under § 16.001(a)(1).
Damages that Can Be Recovered in a Rockwall, TX Personal Injury Casse
Another important concern all personal injury victims have is knowing how much their case is worth. Personal injury claims are measured in damages. If your injuries are serious, you will likely have higher damages. You will want to work with an experienced firm to ensure all your damages are accounted for. Some damages are fairly obvious, like medical expenses and lost wages. However, many more damages you are entitled to, like your pain and suffering, are not easily calculated. You might also deserve exemplary damages depending on how the defendant caused your injuries.
Compensatory Damages
Compensatory damages are intended to make a victim whole by compensating them for the losses stemming from the accident and recovering from their injuries. When our team assesses your compensatory damages, we will typically evaluate your economic and non-economic losses.
Economic damages usually impact you immediately but are the easiest to calculate. Economic damages refer to the direct financial losses caused by your accident. Medical expenses, like hospital bills and prescription medications, comprise the bulk of these damages. Even just one visit to the emergency room and a follow-up exam can set you back thousands of dollars. If your injuries are serious, you could need continued care and physical therapy for years after your accident. Thus, your economic damages could be extremely high depending on the harm you suffered.
Your injuries might also prevent you from returning to work. Fortunately, lost wages can also be included in your economic losses. Your injuries might only keep you out of work for a few days or weeks, or you only need to take time off for treatments. Victims with significant injuries might not be able to go back to work at all or are forced into a lower-paying position without the professional opportunities their old job had. Our team can assess the extent of these losses, along with any property that was damaged in the accident, and add them to your claim for economic damages.
Your non-economic damages are more challenging to assess but are no less compensable than your economic losses. They are difficult to calculate because these damages are based on your subjective experiences with the accident and living with your injuries. This includes the physical pain you have endured, emotional distress, humiliation, and many other effects.
Exemplary Damages
Exemplary damages are reserved for cases where the defendant acted egregiously in causing the accident. If the victim shows the court with clear and convincing evidence that their damages resulted from malice, fraud, or gross negligence, the court will award exemplary damages, according to § 41.003(a).
These damages are referred to as “punitive” in other states. They do not necessarily compensate the victim but are intended to punish the defendant for the conduct in question. They also work as a method of determining future wrongdoing of a similar nature. Thus, the court rarely awards exemplary damages.
Further, exemplary damages have limits. Under § 41.008(b), you can only recover exemplary damages equal to two times the value of your compensatory damages, which cannot exceed $750,000, or $200,000, whichever is greater.
Our Rockwall, TX Personal Injury Lawyers Are Ready to Help You Today
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review today with our personal injury lawyers.