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TX injury lawyerInjuries from car crashes and other accidents often have a major impact on all areas of a person’s life, including their finances, their physical and mental health, their work, and their personal relationships. Texas law recognizes the many hardships that injuries can bring, and when those injuries are caused by another person’s negligence, victims can pursue compensation for a range of damages. While money cannot reverse all of the effects of injuries, it is often the best way for an injury victim to obtain the relief they need to move forward with their life.

What Damages Can an Injury Victim Pursue in Texas?

In Texas, damages available through a personal injury claim generally fall into three categories. Two of those, economic and noneconomic damages, are often referred to together as compensatory damages, and they are quite commonly awarded. The third category, known as exemplary damages, is less common, as it requires a higher standard of proof. As you prepare to file an injury claim, here is what you should know about each category:

  • Economic damages refer to financial costs and losses related to the injury, and they are a part of every personal injury case. Most commonly, they include the costs of all of the victim’s medical expenses, including emergency and hospital care, surgery, medication, and rehabilitation. Economic damages can also include damage to the victim’s vehicle or other property, as well as lost income due to missed time from work or long-term disability. It is important to keep detailed records of all expenses related to your injury so that you have support for the compensation you are seeking.
  • Noneconomic damages refer to negative effects of the injuries that do not have a clear financial value. This includes physical and mental pain and suffering, permanent scarring or disfigurement, inconvenience in the victim’s daily life, and the loss of personal relationships and enjoyment of life. Testimony from the victim, their friends and family, and health professionals can help to make the case for noneconomic damages, and an attorney can help to determine and negotiate for an appropriate amount based on the nature of the case.
  • Exemplary damages, also known as punitive damages, are meant to penalize the negligent party rather than compensate the victim for losses. In personal injury cases, they are typically only awarded when the victim can demonstrate malice or gross negligence on the part of the defendant, and they are usually limited to a maximum of $200,000 or a figure calculated using the amount of compensatory damages awarded. However, this limit does not apply to cases involving intoxication assault, or manslaughter.

Contact a New Braunfels, TX Personal Injury Lawyer

At The Bettersworth Law Firm, we have the knowledge and experience necessary to advise you on the appropriate amount to pursue all relevant damages and to negotiate or litigate aggressively on your behalf to achieve a fair result. Contact a New Braunfels personal injury attorney today at 830-606-0404 for a free consultation.

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TX injury lawyer

UPDATE: This blog was originally published on June 22, 2020. Since then, subsequent executive orders have definitively extended the tolling of the statute of limitations for civil cases to September 15, 2020, and granted judges the discretion to extend the deadline for filing through April 1, 2021. As the people of Texas cope with the unusual nature of court cases during the COVID-19 pandemic, The Bettersworth Law Firm will help you determine whether a personal injury lawsuit is possible for injuries you have sustained either recently or in the past few years.


On March 13, 2020, on the heels of Gov. Abbott’s declaration of disaster for the state of Texas, the state Supreme Court authored an emergency order tolling (pausing) all “service and filing deadlines” in civil cases until June 1. This means that any deadline for filing a lawsuit or serving process on a party to a lawsuit is extended until June 1 - usually a good thing for those contemplating filing suit - but there has been some confusion about just how far the order extends. If you are in a position to file a civil lawsuit, you need to be aware of what your position will likely be now that the statute of limitations is no longer being paused.

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TX injury lawyerOne person was injured in a recent car accident in north San Antonio’s Stone Oak neighborhood after another driver crashed into their vehicle and pushed it off the road. The car slid down an embankment and collided head-on with a boulder, after which the injured person had to be extricated. Since the accident, the driver who allegedly caused the crash is facing intoxication assault charges, but this crash also serves as a reminder that stationary objects near the road can be a major contributing factor in the severity of resulting injuries.

Car Accident Injuries From Stationary Objects

According to the Insurance Institute for Highway Safety (IIHS), fixed or stationary objects are a factor in about 20 percent of fatal car accidents. These crashes include a variety of objects, including trees, rocks, ditches, phones and light poles, medians, barricades, guardrails, and more. While most of these crashes involve just one vehicle, 5 percent of them involve multiple vehicles, like in the recent case in San Antonio.

Can Someone Else Be Liable If I Collide with a Fixed Object?

If you are struck by a negligent driver, you may be aware that you can pursue compensation for injuries and damages that you suffer in the collision. However, you may wonder whether this also includes injuries from a collision with a stationary object after being hit by another car. In many cases, the answer is yes, especially if you can demonstrate that the actions of the driver caused you to crash into the object.

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TX injury lawyerAfter a 2018 accident in which a mother and daughter lost their lives on the way home from Austin City Limits, their surviving family members are petitioning for a law that would require 18-wheelers and other large trucks to take measures to increase their visibility. The family feels that this law could prevent similar collisions to the one that affected them, which involved a tanker truck at night. If passed, this law could give drivers injured in truck accidents another option for claiming negligence and pursuing compensation in a personal injury lawsuit.

Federal Regulations for Big-Rig Truck Drivers

Current Federal Motor Carrier Safety Administration (FMCSA) regulations specify standards for headlights, taillights, brake lights, and reflectors depending on the type of commercial motor vehicle, and they also require that these lights be operable and unobstructed at all times. If an accident occurs because a truck does not follow these regulations, the driver and his or her employer may share responsibility for failing to install the proper equipment and inspect it to make sure it is working.

The Austin family mentioned above seeks to expand these regulations by adding more lights to the sides of large trucks and requiring they be painted with light colors. Their goal is to reach 10,000 signatures on the petition and send it to the U.S. Department of Transportation. If they are successful, trucks throughout the United States could be required to update their equipment after legislation passes.

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Posted on in Personal Injury

settlement, New Braunfels personal injury attorneyOver 95 percent of civil cases are settled out of court. In a personal injury settlment, the victim receives money in exchange for a waiver of all claims related to the incident. While the outcome is fairly certain, the process is anything but. In fact, a successful settlement in a personal injury case, which is defined as the most possible compensation, is a delicate combination of science and art.

The Science: Preliminary Steps

Before a demand can even be made, the amount of damages must be determined. In most cases that involve a serious injury, all immediate medical needs must be taken care of: broken bones should be mostly healed and other immediate injuries must be addressed. Additionally, most doctors need to evaluate their patients over the course of several visits, to determine an appropriate course of long-term treatment.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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