damages
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Damage Caps in Texas Injury Cases
Texas does not cap economic or noneconomic damages in ordinary personal injury or auto cases — those are uncapped. Caps apply in two main areas: medical malpractice (noneconomic damages limited to $250,000 per provider and up to $500,000 against institutions) and exemplary (punitive) damages (the greater of $200,000 or two times economic damages plus noneconomic up to $750,000). -
Exemplary (Punitive) Damages in Texas
Texas allows exemplary damages — meant to punish, not compensate — only on clear and convincing evidence of fraud, malice, or gross negligence. They are capped at the greater of $200,000 or two times economic damages plus noneconomic damages up to $750,000. The cap does not apply to certain serious felonies. -
How Is Future Medical Handled in a Settlement?
Learn how future medical expenses are calculated and handled in personal injury settlements. Explore key factors, negotiation strategies, and legal approaches. -
LOSS OF CONSORTIUM PERSONAL INJURY: WHAT IS FAMILIAL LOVE WORTH?
When someone maims or kills your loved one in an accident, the last thing you are thinking of is the derivative parts of a lawsuit that can only be brought if the main claim is won. Because of this (and other reasons), it is good to get a local lawyer involved as soon as possible […] -
Pain and Suffering Multiplier Method
The pain and suffering multiplier method is a negotiation shorthand that estimates non-economic damages by taking total economic damages and multiplying them by a number, usually somewhere between 1.5 and 5. If documented medical bills and lost wages add up to $20,000 and the multiplier is 3, the method estimates $60,000 in pain and suffering. -
What Are Punitive Damages?
Punitive damages punish a defendant for grossly negligent actions to discourage such behavior. Learn about punitive damages and what influences them. -
What Are Special, General, and Punitive Damages?
Explore special, general, and punitive damages in personal injury cases. Learn how they’re calculated and applied in Texas and Louisiana law. -
What Is Loss of Enjoyment of Life?
Loss of enjoyment of life is a non-economic damage that compensates an injury victim for the inability to pursue activities, hobbies, and daily pleasures they enjoyed before the accident. It is subjective and harder to value than medical bills, yet it is often the most significant part of recovery. Texas and Louisiana treat it as a separate category, distinct from pain and suffering. -
What Is Pain and Suffering in a Lawsuit?
Pain and suffering is the non-economic damage in an injury case — the physical pain, mental anguish, and lost quality of life that medical bills and lost wages do not capture. Because it has no receipt, it is valued by methods like the multiplier or per diem approach and, at trial, by the jury. It is separate from punitive damages, which punish the defendant rather than compensate the victim.
general
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After Accepting a Settlement Offer How Long Does It Take?
Every personal injury and wrongful death claim is unique. When you are injured in a motor vehicle crash, a slip and fall accident, or any other type of accident, your expenses can quickly add up, especially if the injury forces you to stop working as you recover. After months of negotiations, you may reach a […] -
Are Lawsuit Settlements Public Record?
A personal injury settlement reached out of court is usually private — most include a confidentiality or nondisclosure agreement, so the amount and details are not part of the public record. A case taken to trial is different: the filings, testimony, and verdict become public. Settling privately protects your details; litigating publicly can mean a larger but fully disclosed recovery. -
Are Personal Injury Lawsuit Proceeds Taxable?
In most cases, no. Under federal law (26 U.S.C. 104), compensation for a physical injury or physical sickness — including medical bills, lost wages, and pain and suffering tied to that injury — is not taxable. Punitive damages, interest on a judgment, and emotional-distress awards with no physical injury are taxable. Neither Louisiana nor Texas taxes personal injury settlements. -
Average Personal Injury Settlements: What to Expect in Louisiana
Learn about the average personal injury settlements in Louisiana, the factors that affect compensation, and what you can expect when filing a claim. -
Can You Get an Advance on an Accident Settlement?
Yes. Pre-settlement funding, sometimes called a lawsuit loan or a settlement advance, is money a third-party funder pays you now against the settlement you expect later. It is not free — it carries interest and fees, and the funder is repaid out of your eventual recovery. It can keep you afloat while a claim is pending, but the terms deserve a hard look before you sign. -
How to Respond to a Lowball First Offer
A lowball first offer is not a closed door. It is the opening move in a negotiation, and the response to it shapes everything that follows. The number on the table at that point is rarely the number the other side expects to pay. -
Settlements And Damages
A settlement and damages are two different things. A settlement is how a dispute ends. Damages are what the money is for. -
THE PSYCHOLOGY OF SETTLEMENTS
Insurance adjusters work to keep costs low, not to serve injured claimants. How early lowball offers, PIP caps, and pressure tactics shape accident settlements, and how an attorney levels the negotiation. -
What Happens If You Reject a Settlement Offer?
Rejecting a settlement offer ends negotiation as it stood and pushes the case toward trial, where a judge or jury decides the outcome. That path can mean more time, higher costs, and the real risk of recovering less than was offered — or nothing. It can also produce a larger recovery if the offer was inadequate. The decision is yours, but it should follow an honest read of your case with your attorney. -
What Happens to Medical Liens in an Injury Case?
A medical lien is a healthcare provider's or insurer's legal claim to be repaid from your injury settlement. When your case resolves, lienholders are paid out of the recovery before you receive your share. Liens can be contractual — an agreement to repay from the settlement — or statutory, created by law to collect on a bill. -
What Is the Difference Between a Verdict and Settlement?
There are some big differences between verdicts and settlements in a personal injury case. A settlement is a voluntary and binding agreement between parties to resolve a case. A verdict is a judgment from a court or jury determining the damages in a personal injury case. Both are effective ways to win compensation for your […]