Schechter, Shaffer & Harris, LLP

A personal injury refers to the physical, emotional, or psychological harm you experienced because of an accident. If another person is responsible for the injuries, you may be able to recover damages from them. The goal of damages is to provide compensation for the losses you experienced during this incident.

Damages can compensate you for financial losses — medical bills, lost wages, ongoing medical care, but they can also accommodate you for non-financial losses — pain and suffering, reduced quality of life, and loss of consortium. When you have experienced significant loss due to an accident, a Missouri City personal injury lawyer from Schechter, Shaffer & Harris may be able to help you get a recovery for any of the following types of personal injury:

Proving Negligence for Personal Injuries

To establish negligence, the plaintiff must and their attorney prove four elements of negligence:

Proving a duty of care is more accessible than most people think it will be. People can have a specific duty of care towards an individual — for example, a doctor has a duty of care towards their patients. However, a duty of care can also be general — drivers have a duty to all other drivers on the road.

To show that a person breached the duty of care, the plaintiff must show that the defendant did not behave like a reasonable person under the same circumstances. Violating a law can prove a breach, but so can any deviation from ordinary care — social norms can define it, too. A personal injury attorney in Missouri City could explain ordinary care and breach of duty.

Comparative Fault

Texas is a modified comparative fault state. That means a plaintiff can recover damages if they are no more than 50 percent responsible for the accident. However, the court will reduce the compensation award to reflect the defendant’s percentage of fault.

If both parties share responsibility for the accident, it is essential to establish that the defendant has a more significant share of the responsibility. Consulting with a personal injury lawyer in Missouri City is critical in those scenarios.

Damages Available to Recover

There are three primary types of damages — economic, non-economic, and punitive. However, Texas is a tort reform state, meaning damage limits exist on particular personal injury claims. In some instances, these caps mean that a plaintiff cannot recover for their actual losses.

Economic damages include medical bills, property damage, lost wages, and loss of earning capability. A Missouri City personal injury attorney may use financial experts to demonstrate current and future economic damages.

Non-economic damages do not have a specific dollar amount attached and they include pain and suffering, anxiety, stress, emotional pain, loss of companionship and consortium, and even inconvenience. Generally, more severe injuries result in more significant non-economic damage awards.

Punitive damages are limited to cases where a defendant’s behavior was fraudulent, malicious, or grossly negligent. The purpose of these damages is to punish outrageous behavior, although the state caps punitive damage awards based on the amount of economic and non-economic damages. If the defendant was engaged in a felony at the time of the injury, the cap does not apply.

Meet with a Missouri City Personal Injury Attorney for Help

Before determining if an insurance company’s settlement offer is fair, you need to know the value of your injury. However, predicting the long-term costs of injuries can be challenging, especially if they are severe. A Missouri City personal injury lawyer helps you properly value your injury. With that information, you will be in a better position for settlement negotiations. Schedule a free consultation to find out more.