Have you been injured in an accident in Houston, TX? Life can feel overwhelming when you’re dealing with medical bills, lost income, and the pain of recovery. But you don’t have to go through this alone. The personal injury lawyers at Phipps Garza are here to fight for you—to help you get the compensation you need not just for your medical expenses, but for the pain, stress, and disruption this accident has caused in your life.
You deserve justice, and you deserve peace of mind. Let us take on the legal battle so you can focus on healing. Call 713-322-4518 now or fill out our quick contact form to get started with a free case evaluation. The sooner you reach out, the sooner we can help you move forward.
Can I Sue for Pain and Suffering? Answers from a Personal Injury Lawyer in Houston, TX
In Texas, compensation for non-economic damages, like pain and suffering, are generally awarded together with economic damages. In legal terms, “economic damages” simply means that there are tangible losses, like medical bills or proof of lost wages. “Non-economic” means there isn’t something tangible to demonstrate the loss.
Are There Any Exceptions?
Texas courts do not generally award compensation only for non-economic damages; it must usually be sought together with economic damages. However, there may be very rare situations when you could pursue compensation for non-economic damages without any major economic damages. For example, you may be able to seek compensation only for pain and suffering in cases involving severe emotional distress, like assault or defamation.
Are There Any Personal Injury Lawsuits That Do Not Award Compensation for Pain and Suffering?
In Texas, a breach of contract case can generally claim only economic damages. There may be rare exceptions, but for the most part, only economic damages are recoverable in a lawsuit for breach of contract.
Is There Any Cap on Compensation for Pain and Suffering?
In most personal injury cases, there is no cap on the compensation that may be sought for non-economic damages such as pain and suffering. However, Texas does have a cap on non-economic damages in medical malpractice lawsuits.
For lawsuits against a healthcare provider, the Texas Civil Practice and Remedies Code sets the limit for non-economic damages at $250,000 for each person making a claim. There is a total cap of $500,000 on non-economic damages from all healthcare providers involved in the case.
How Long Do I Have to File a Lawsuit?
In Texas, there is a two-year statute of limitations on most personal injury lawsuits. The statute of limitations is the time limit set on how long you have to file a lawsuit after an incident happens. One reason for this is that the longer you wait, the more likely it is that evidence will be compromised or lost. If you file as soon as possible, it is more likely that the evidence for your case will be available and usable.
However, one type of personal injury lawsuit has a shorter time limit in Texas. If you wish to file a lawsuit for defamation, you have only one year to file from the time that the defamatory statement is made. If it is difficult to determine exactly when the statement was made, then the statute of limitations begins when you learn about it (or reasonably should have learned about it).
If you need advice about or help in seeking compensation for pain and suffering, reach out to the Phipps Garza Law Firm in Houston, TX. At 713-322-4518. We also serve the areas of Midland and Eagle Pass for your convenience. We are dedicated and will fight for justice for you.