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What Are the Injuries I Can Sustain in a Rear-End Accident?

Rear-end accidents happen when a car crashes into another one from behind because of distracted driving, driving too fast, being hit by another vehicle and pushed into the one in front, or following too closely. Many people underestimate the impact of a rear-end accident, but it’s crucial to treat the accident carefully, no matter how insignificant the damage seems to be.

A personal injury attorney explains that rear-end collisions can have devastating consequences. You could sustain several types of injuries, which can be costly to treat and affect your life profoundly. Some of the most common injuries from rear-end collisions are the following:

Whiplash

Whiplash is one of the most common injuries people sustain in rear-end accidents. The injury doesn’t involve broken bones, but it can be painful. It happens when the head experiences sudden forced movement forward and then backward.

Victims of whiplash injuries may experience soreness and neck pain for over a week. In the worst-case scenario, the symptoms may last over a year following the accident. You may have to endure severe muscle and nerve damage and stomach pain. A skilled seasoned rear-end accident injury advocate in Mesquite can help you pursue compensation for the injuries from the at-fault party.

Back Sprains

Back sprains are injuries that affect the ligaments in the back rather than the muscles or tendons. They involve stretching or tearing a ligament that connects the bones at the joints. While sprains often happen during a fall or a sudden twist, they’re also widespread during rear-end car accidents, even when wearing a seatbelt.

Traumatic Brain Injuries

A rear-end accident could cause you to hit your head against the steering wheel, window, or airbag. The force could result in traumatic brain injuries, depending on the severity of the impact. Symptoms of traumatic brain injuries include the following:

• Memory loss
• Headaches
• Loss of consciousness
• Mood swings
• Vision issues
• Speech issues
• Impaired cognitive function
• Extreme fatigue

Severe brain injuries could also cause paralysis, coma, or other issues that could affect you for the rest of your life. You may need ongoing medical care, therapies, and rehabilitative care, which are costly and may deplete your finances. That’s why you need to pursue compensation from the negligent party with the help of a Mesquite rear-end collision lawyer.

Damage to Internal Organs

The impact of a rear-end collision could cause various injuries to your internal organs. Airbags could cause injuries to your internal organs when they deploy. You could also suffer from seat belt syndrome that damages the intestines and abdomen.

Most internal injuries are hard to diagnose without outward signs of injury. If left untreated, the injuries can become life-threatening. Ensure you seek immediate medical attention immediately after the accident. The medical report is crucial in helping you pursue compensation.

Broken or Fractured Bones

Rear-end accidents can cause you to be thrown against the dashboard or steering, causing broken bones in the chest, arms, or shoulders. The injury may be so severe that performing specific tasks during recovery becomes impossible. Compound fractures may require surgical intervention to address the condition.

What Are the Damages That Result from Rear-End Collisions?

Being rear-ended can result in costly damages and ongoing pain and suffering. A skilled Mesquite rear-end accident attorney can investigate the circumstances of your accident to determine liability. They can also show the at-fault driver’s negligence in the form of distracted driving, speeding, tailgating, drunk driving, and failure to obey traffic signals.

Depending on your case specifics, your lawyer could help you pursue various types of damages:

Economic Damages

Economic damages are the monetary losses you suffer due to the rear-end accident. Filing a personal injury claim against the negligent driver can help you recover the following losses:

• Emergency treatment and present and future medical bills
• Lost wages and benefits if the injuries are severe and prevent you from working your usual number of hours
• Loss of future earning potential if the injuries require you to take another lower-paying job or hinder you to the extent of not being able to work again
• Personal care costs, such as your living expenses
• Prescription, physical therapy, surgery, and rehabilitative costs

Economic damages are relatively straightforward to calculate depending on the severity of your injuries. Your personal injury lawyer in Mesquite can help you arrive at a fair settlement based on your medical bills, receipts, and evidence of earnings before the accident.

Non-Economic Damages

A rear-end accident can also cause difficulties in several other ways alongside physical injuries. You will likely deal with stress from missed work, mounting medical bills, and scarred relationships. Your Mesquite rear-end accident attorney can help you recover these non-economic damages to compensate you for the following:

• Mental Anguish
• Physical pain
• Psychological injuries and conditions
• Physical Impairment and enjoyment of life
• Scarring and disfigurement

Non-economic damages are complex to determine because they don’t come with a “price tag” attached to them. An experienced rear-end accident lawyer in Mesquite, TX, can help you determine a settlement that fairly compensates you for your losses.

A Skilled Personal Injury Attorney Fighting for the Compensation You Deserve

If you sustain injuries in a rear-end collision, seeking medical help is crucial to help you determine the extent of the damages. Don’t ignore the impact of the accident just because it seems minor. Your injuries may not show immediately, but the consequences could be life-long. Upon determining the damages, a skilled Mesquite personal injury lawyer can help you pursue compensation.

At the Oberg Law Office, we are dedicated to helping keep our community safe by enforcing the safety rules that have been violated by negligent parties. We can handle all legal aspects of the case to allow you to focus on healing and recovering. We fight to maximize the compensation you deserve. Call us at 972-682-9700 to schedule a FREE strategy session.

How Will Texas Motorcycle Laws Affect My Compensation Claim?

Getting involved in a motorcycle accident can be scary, especially if you sustain injuries and need to pursue compensation from the negligent party. Texas has laws that protect personal injury victims by helping them recover damages. However, insurance companies often use the law to their advantage to try and deny claimants the settlement they deserve.

That’s why you need the legal representation of a personal injury attorney in Mesquite to help you fight for the amount you deserve. Experienced lawyers understand personal injury laws and can help you navigate the complex legal system.

The Basics of Texas Motorcycle Laws

As a motorcycle rider, you must familiarize yourself with the basics of motorcycle laws in Texas. Understanding these laws can help you understand the risks and options of your motorcycle compensation claim.

Besides, it would be advantageous to consult an experienced motorcycle accident attorney in Mesquite if you need further clarification.

Licensing, Registration, and Insurance

Anyone who rides a motorcycle in Texas must have a Class M driver’s license and motorcycle liability insurance as follows:

• A minimum of $30,000 per injured person
• $60,000 per accident
• $25,000 in property damage

They also must have a registration sticker on their licensing plate.

Motorcycle Helmet Law

All riders between the age of five and 21 must wear a helmet while riding a motorcycle. Anyone over 21 who chooses not to wear one must have medical insurance and undertake a motorcycle safety course.

Additional Passengers

You can only ride with appropriate passengers if your motorcycle has a passenger seat. Children under five years may not ride as passengers on a bike. Passengers must also wear a helmet.

Lane-Splitting

Driving between lanes of traffic is dangerous. It’s also illegal and could complicate your compensation claim.
If you got into an accident and sustained injuries due to lane splitting or you violated any of these rules, you are not likely to receive compensation.

What Damages Can I Recover in a Texas Motorcycle Accident?

Before you can file a compensation claim, it’s crucial to determine what your claim entails. Once your Mesquite motorcycle accident attorney can prove that the other party is to blame for the accident and your injuries, they will evaluate the damages you can recover. Damages are the costs associated with the harm caused by the defendant.

In Texas, damages are classified into two broad categories:

Special Damages

These types of damages are clearly tied to your injuries or damage to your property. They are easy to quantify and include the following:

• Emergency treatments and medical bills
• Prescription costs
• Cost of medical devices
• Lost wages
• Loss of earning capacity
• Cost of surgeries, future rehabilitation, and therapy
• Property damage

General Expenses

Your motorcycle accident claim should also cover non-economic damages. These refer to the accident’s implications at a personal level, and it’s not easy to attach a dollar value to them. They’re often a point of contention in determining a fair settlement amount and include the following:

• Pain and suffering
• Loss of consortium
• Scarring
• Loss of enjoyment of life
• Emotional distress
• Chronic pain
• Mental anguish
• Embarrassment

An aggressive motorcycle accident in Mesquite can investigate your case’s circumstances and help you calculate a fair compensation amount. The judge and jury may also decide to award punitive damages if the wreck was the result of “gross negligence”. While these don’t compensate for your injuries and loss, they punish the at-fault party for their gross negligence.

How Much Can I Recover in My Compensation Claim?

Before filing a compensation claim, it’s crucial for your attorney to evaluate all the factors that could affect the compensation amount you receive:

The Extent and Severity of Your Injuries

Your compensation amount will largely depend on the extent and severity of your injuries. The more severe the injuries, the higher your compensation amount will likely be. If the collision was not major, your lawsuit might only comprise actual losses such as healthcare expenses, loss of income, and property damage.

Case Evaluation

The court will extensively assess the damages from the motorcycle accident. During the valuation process, your lawyer will also evaluate what the other party is willing to offer as a settlement before trial.

Evidence to Support Your Claim

The events leading up to your motorcycle accident and after will determine the amount you will possibly get from the lawsuit. Insurance adjusters work to the benefit of the insurance companies they represent, and they will do everything they can to dispute your claim to offer a low settlement.

That’s why you must have compelling evidence to support your claim. Your motorcycle accident lawyer in Mesquite can help you compile the necessary evidence to support your claim. These include:

• Medical records and documentation for the injuries
• Witness statements and police record
• Estimates of loss income
• Documentation of your altered quality of life
• Accurate estimates for future treatment

Statute of Limitations

You must file your compensation claim within the stipulated statute of limitations for it to be valid. You have up to two years from the date of the motorcycle accident to file your compensation claim. A skilled lawyer can help you file within the required timelines and fight aggressively to pursue the total amount you deserve.

Strategic Legal Assistance in Texas Following Your Motorcycle Accident

Several factors come into play in a motorcycle accident claim. Demonstrating that another party was at fault and why you deserve to be compensated can be challenging. However, a skilled personal injury lawyer in Mesquite can provide the legal counsel and representation you need.

Our law firm has a long track record of success and unmatched experience fighting for clients’ rights in personal injury cases. We want to protect you from the uncertainty of personal injury claims by pursuing full justice for your case. Call the Oberg Law Office at 972-682-9700 to schedule a FREE strategy session.

Auto Accidents: What Determines the Seriousness and Why It Matters

There are thousands of car accidents every year in Texas, but not all of these cause injury or damage to vehicles. Accidents can be minor, moderate, or major, but you don’t have to sustain serious damage to your car to be injured. Learn more about the difference between minor and serious car accidents below and why it matters.

Minor Car Accidents

Minor car accidents are commonly referred to as fender benders. There may be minimal damage to the vehicles — or even no damage at all — and any damage is likely cosmetic. Examples of minor car accidents could include:

• Rear-ending someone at a slow speed while stopping at a light
• Backing up into someone in a parking lot
• Hitting a curb, a mailbox, or another stationary object by the side of the road

The main theme of a minor car accident is that it usually involves slower speeds. And slower speeds mean less damage and less potential for injury.

Serious Car Accidents

Serious car accidents are those that involve major damage to one or both vehicles involved. In some cases, the car may be completely totaled, but accidents are often deemed serious if either vehicle is unable to be driven away from the scene. Examples of serious car accidents are:

• Crashing into someone as the result of running a red light or stop sign
• Pulling out in front of someone, resulting in a wreck
• Failing to see stopped or slowed vehicles ahead in time to respondLike with minor car accidents, the main contributing factor to many serious car accidents is speed. But in this case, it’s the faster speeds that make a serious car accident more likely.
  

  Does an Auto Accident Have to Be Serious to Cause Injury?

  An auto accident doesn’t have to be labeled as “serious” to cause significant injury, but major accidents are more likely to result in serious injuries or fatalities. Whether someone is injured in a car accident often comes down to the type of vehicles involved, whether the person was wearing a seat belt, any previous medical conditions, and the impact point of the crash. For example, it’s possible for someone to roll over their car at 60 miles per hour and end up uninjured, but it’s also possible for someone to experience debilitating whiplash and serious injury from a low-speed, rear-end collision.

  Getting Help From a Personal Injury Attorney

  Regardless of how serious the accident was, if you were injured in a car crash, it’s a good idea to speak with trusted legal counsel for vehicle collision injuries about your options. Even if your vehicle was relatively undamaged, you could still have grounds to file a lawsuit and recover compensation if your injuries required medical treatment or ongoing care. Call Oberg Law Office at 972-682-9700 to learn more.

Who is Responsible for a Rideshare Accident?

While rideshare companies like Uber and Lyft provide a lot of convenience, they can also be risky. Rideshare drivers often get into accidents like other drivers, and the injuries can be devastating. It’s even more challenging for the victim to determine who is at fault for the accident.

Usually, the at-fault driver, who could be the rideshare driver or another driver, is liable for the damages. If their insurance is inadequate to cover the entire value of the damages, then Uber’s commercial policy takes effect. Unfortunately, recovering compensation from the companies is often complex, but a skilled personal injury attorney in Mesquite, TX, can help.

Understanding Rideshare Companies’ Accident Coverage

Rideshare accident cases are not like typical car or commercial vehicle accident cases. Most rideshare companies, including Uber and Lyft, don’t classify their drivers as employees but as independent contractors. So, the drivers are not held to the same liability standards as other commercial transportation entities.

If you were injured in an accident involving an Uber or Lyft car, filing a claim against the respective company may be impossible, as the company may dispute liability. The driver’s insurance company may also not cover the damages since most personal auto insurance providers don’t cover drivers for commercial purposes.

Furthermore, and which may complicate your claim, insurance companies often determine claim amounts depending on the step of the process the driver was in at the time of the accident:

• Driver offline and not accepting requests: If the driver is not logged into the rideshare application and an accident happens, it would mean they were off duty. An insurance claim would be against the driver’s personal insurance policy. That’s one reason you should always ensure your driver remains active during your ride.
• Driver online but has yet to accept a ride request: The driver is considered on duty if they get into an accident. The rideshare companies’ insurance comes into effect, but the level of liability must be higher than required of the driver. The coverage can be up to $50,000 per person for bodily injury and a maximum of $100,000 for total physical injuries.
• Driver online and accepted a request: If a driver gets into an accident and injures a passenger in another car or a pedestrian while on their way to pick up a passenger, Uber or Lyft’s insurance would be in effect, covering up to $1 million and uninsured or uninsured motorist coverage.
• Driver actively carrying a passenger: Uber and Lyft’s insurance coverage is in effect from when a passenger gets into the car until they’re dropped off. A skilled rideshare accident attorney in Mesquite can help you file a compensation claim if you sustain injuries in a rideshare accident.

What Are Your Options After the Accident?

While rideshare companies go to great lengths to avoid taking liability for rideshare accidents to compensate victims for their injuries, you can still recover compensation. An experienced rideshare accident lawyer in Mesquite could advise you to first file a claim with the driver’s personal insurance provider and later with the rideshare company if your claim is denied.

Battling Insurance and Rideshare Insurance Companies

If you file a compensation claim against rideshare companies for injuries you sustain in a rideshare accident, be prepared to fight a tough legal battle. These companies have vast resources but also large teams of lawyers and insurance adjusters who will do whatever possible to minimize your payout or not pay altogether.

Challenging their policies could be complex, especially if you got injured due to the negligence of a rideshare driver who was off duty during the accident. Besides, the driver responsible could deny being accountable for the accident, making it a matter of your word against theirs.

How Can a Rideshare Accident Attorney Help Me?

Working with an experienced Mesquite rideshare attorney would enhance the chances of a favorable outcome in your claim. They can evaluate and investigate your claim, work out the insurance details, and compile all the relevant evidence to help you create a solid lawsuit, against Uber or Lyft, depending on the company you want to sue.

Determining Liability in Rideshare Accidents

Determining liability is crucial because rideshare companies may attempt to deny responsibility and that of their drivers to avoid paying large payouts. Your Mesquite personal injury attorney can investigate if the rideshare driver was actively transporting a passenger at the time of the accident and hold them accountable for their poor mistakes that led to the accident and injuries.

Additionally, holding drivers accountable prevents them from continuously putting their passengers at risk. If the companies are held liable for a driver’s negligence, they would be more vigilant when onboarding drivers. Addressing these accidents the legal way makes the services safer for future passengers by enforcing stricter regulations.

You May Be Entitled to More Compensation Than You Think

Despite the strict insurance policies by rideshare companies, you could still be entitled to compensation. An aggressive lawyer can fight for your rights and determine the damages you’re entitled to, such as the following:

• Medical expenses, medication, and equipment
• Physical therapy and rehabilitation costs
• Lost wages and loss of earning capacity
• Disfigurement
• Physical Pain and mental anguish
• Loss of consortium
• Funeral costs for wrongful death

All these could add up to a lot more than you think. Avoid settling for the initial offer by the insurance company before your lawyer can determine what you deserve.

Defend Your Rights After a Rideshare Accident in Texas

When you request a ride on Uber or Lyft, you expect to reach your destination safely. Unfortunately, an accident could cut your trip short and leave you with devastating injuries. If this happens, a skilled rideshare accident attorney in Mesquite can help you hold the company liable for your injuries and damages.

Our law firm presents clients involved and injured in rideshare accidents. These cases can be complex, but we put our skills to work to help them win the compensation they deserve to help them rebuild their lives. If you’ve been injured in a rideshare accident and don’t know which steps to take, call our Oberg Law Office at 972-682-9700 for a no-commitment initial consultation.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs due to sudden trauma to the head that causes brain damage. If your head hits an object with force or an object penetrates the skull and sinks into the brain tissue, it can cause a TBI. The result is a disruption in normal brain functioning, which can sometimes lead to life-long disabilities depending on the severity and location of the injury. Symptoms of a TBI include the following:

• Headache
• Confusion
• Blurred vision
• Problems with memory, concentration, and thinking
• Mood changes
• Bad taste in the mouth
• Dizziness
• Ringing in the ears
• Convulsions and seizures
• Problems with coordination
• Agitation and restlessness

Recovering from a traumatic brain injury can be lengthy, and challenging. Treating a TBI is also costly, so if you or your loved one suffered a TBI due to someone’s negligence, you might need to pursue compensation for the injuries. Consult an experienced personal injury attorney in Mesquite for legal guidance on filing a claim.

How Does the TBI Recovery Process Look Like?

Recovering from brain injury occurs in stages, and while some people move quickly through the phases, others take more time and progress slowly. During your recovery, you may be unable to pursue legal action against the at-fault party. You and your loved ones need the help of an aggressive catastrophic injury attorney in Mesquite to fight for your rights. Letting an expert handle the issue ensures you file a claim within the statute of limitations as you focus on healing and recovery.

Medical experts use the Ranchos Scale to measure improvement, and they outline the following stages of TBI recovery:

Coma

A severe traumatic brain injury may cause a coma, the deepest state of unconsciousness. Coma patients generally have no eye movement and lack purposeful movement, speech, and communication. They don’t respond to the environment and don’t wake up even with stimulation. The patient can remain in this state for weeks, months, or years.

Vegetative State

Coma and vegetative state are two different stages of TBI recovery, despite people using them interchangeably. Patients in a coma have no neurological response, but those in a vegetative state may have regained some reflexes and appear awake. They may have eye movement and react to stimuli because the brain has begun to heal, and some responses in the brain remain intact after the injury. Once patients can respond and communicate, they’re on their way to the subsequent recovery stage.

Minimally Conscious or Localized Response

The patient may drift in and out of consciousness in the minimally conscious state. They have gained some awareness of their surroundings and may take medications to help stimulate the brain and boost full consciousness. As they progress with recovery, consistently respond to instructions, and communicate verbally or non-verbally, they have reached the fourth recovery state of a TBI.

Post-Traumatic Amnesia

The brain is in an extreme state of amnesia, and the patient can’t recall where they are and how they got there and have no memory of daily events. It’s common for patients in this stage to display aggressive or inappropriate behavior and lose their inhibitions. Other stages that follow are the following:

• Confusion: The patient may follow more commands and communicate but still have memory issues, and focusing on tasks may be problematic.
• Automatic or appropriate: They can follow strict schedules but have challenges planning and starting activities independently. They need support and can’t live alone.
• Purposeful or appropriate: The patient’s self-awareness and memories have improved, although social interactions may be tricky despite various coping mechanisms. They can live on their own with minimal help.
• Modified independence: By the time they reach this stage, the patient has fully recovered and can handle multiple tasks at once, plan, and make various life adjustments to unexpected circumstances. They may still be slow in responding than they were before the injury, but they can cope.

TBI victims need ongoing therapy to help them through the various recovery stages. Treatment and therapy are costly and may drain you of your resources. So, don’t let the negligent party go scot-free. Contact an experienced catastrophic injury attorney in Mesquite, TX, and let them help you file a compensation claim and pursue it.

How Can I Prove Negligence in a Traumatic Brain Injury Claim?

You can file a TBI lawsuit based on the liable party’s negligence. Proving negligence in personal injury cases is often complex, but an experienced Mesquite personal injury lawyer knows how to navigate the legal system to help you win. They can help you create a robust strategy that shows the following four crucial elements:

• The defendant owed you a duty of care
• The defendant breached that duty
• The breach of duty was the cause of the accident that caused your injuries
• You were injured and suffered damages as defined by law

Linking someone’s negligence to brain injury is often complicated, so your Texas injury lawyer will help you piece the necessary evidence to enhance your chances of a favorable outcome.

Pursue the Compensation You Deserve Today With Professional Legal Counsel

Sustaining a traumatic brain injury can have life-changing consequences that will require ongoing adjustments to your daily life. A qualified Mesquite catastrophic injury attorney can help you file a lawsuit to collect compensation for the injury, hospital stays, lost wages, medical procedures, and general pain and suffering as you focus on therapy and treatment.

We have a compassionate catastrophic injury attorney in Mesquite who can help you file a TBI compensation claim against the negligent party liable for your injury. While filing a lawsuit can’t change the outcome of the accident, it can help you recover damages to pay for and adjust to life with a TBI. Call 972-682-9700 to speak to experienced lawyers at the Oberg Law Office.

Understanding Fault in Texas Car Accidents

Being in an accident is scary, and if you were injured, it can have a big impact on your life for the next weeks, months, and maybe even years. In Texas, you have the ability to file a personal injury lawsuit against the at-fault party to get reimbursement for medical bills and pain and suffering, but what happens if you are also found at fault? Learn how fault works in Texas and how it may impact your case.

How Is Fault Determined in Texas?

When you’re in a car accident, the police will immediately respond and start investigating the scene after any medical needs have been taken care of. However, the insurance companies for the parties will make the final determination of who was at fault. They have their own investigators and can look at police reports, interview the drivers or any witnesses, and even do accident reconstructions to determine who was at fault.

What Happens When You’re Found at Fault?

Accidents happen for a variety of reasons, and it’s common for there to be more than one contributing factor. For example, adverse road conditions and speed is a combination that is more likely to cause an accident, and a front-end collision in these conditions could be especially dangerous. If you’re found at fault, you may be cited by police for a traffic violation, which can mean points on your license and having to pay fines.

Can You Still Seek Compensation If You Were Partially at Fault?

If you are found at fault for a car accident in Texas, you will be assigned an at-fault percentage. This is very important because this percentage determines whether you are able to pursue compensation from the other party or if you might end up being sued yourself. As long as you are less than 50% at fault, you can still file a personal injury suit against the other party. However, keep in mind that the higher your fault percentage the lower the amount of damages you may be entitled to. This is why it’s important to speak with an attorney before moving forward to ensure that it’s worth it to pursue a case.

Oberg Law Office Can Help

At Oberg Law Office, we know how a car accident can change your life, and we focus on helping our clients get the money they’re entitled to so they can start rebuilding. If you were injured in a motor vehicle accident and aren’t sure what your options are, call our office at 972-682-9700. A member of our legal team can talk with you about your needs and set up a consultation with a personal injury attorney so you can start moving forward.

What Are Punitive Damages?

Some accidents are catastrophic for the victims, leading to much pain and suffering, high medical costs, and loss of ability to earn a living. The outcome can be frustrating for a victim who is offered compensatory damages that don’t adequately cover the value of these damages.

With the help of a skilled personal injury attorney in Mesquite, victims can sue for punitive damages. Personal injury laws allow for the payment of accident-related expenses and money that serves as punishment for severe negligence and disregard for others’ safety and well-being. Punitive damages, also known as exemplary damages, fall in this last category.

The Punitive Damages Law in Texas

Punitive damages can be awarded in personal injury cases. The court must establish that the defendant was grossly negligent, malicious, or fraudulent in their behavior, leading to the victim’s injuries.

Proving these elements to the court when pursuing punitive damages can be challenging without the input of a skilled catastrophic injury attorney in Mesquite.

Gross Negligence

Most claims for punitive damages in personal injury cases arise from gross negligence. A catastrophic injury attorney in Mesquite can help you prove that the defendant committed an act or omission:

• Which, when viewed objectively from their standpoint at the time it happened, involved an extreme degree of risk. The actor should have considered the probability of causing harm to others and the magnitude of damage.
• Which, the defendant had actual, subjective awareness of the risk at hand, but still proceeded to commit the offense without regard for the rights, safety, or welfare of others.

Gross negligence doesn’t always imply that the defendant intended to cause harm but proceeded with reckless abandon, causing damage to the victim. For example, shooting a gun over people’s heads without the intention to shoot anyone is gross negligence if anyone is injured.

Malice

Malice involves the actual intent to cause substantial harm or injury. Proving malicious conduct entails showing that the defendant looked forward to the consequences of their action or they believed that acting a certain way would have a specific result. So, firing a gun at someone involves malice since substantial harm or injury is expected.

Fraud

Fraud is generally deception or cheating. So, when seeking punitive damages based on a defendant’s fraudulent behavior, you must prove actual fraud or their intention to deceive you. Unintentional misrepresentation that you act upon doesn’t suffice as fraud.

What Evidence Does the Jury Consider When Deciding How Much to Award in Punitive Damages?

The jury in your personal injury lawsuit has the authority to determine if you have proven the elements of a punitive damage claim through clear and convincing evidence. If so, they can decide how much to award you for punitive damages.

Some factors to look into include the following:

• The nature of the wrong
• The character of the defendant’s behavior
• The degree of guilt of the defendant
• The defendant’s net worth
• The extent to which the defendant’s conduct offends a public sense of justice or decency
• The sensibilities and situation of the defendant and the victim

You can request the defendant to provide information about their net worth through your Mesquite catastrophic injury attorney. However, the defendant can ask the court to limit this discovery. That’s why you should choose an aggressive attorney who can navigate this issue to ensure a favorable outcome.

How Much Can I Recover in Punitive Damages?

The amount of damages you can recover in a personal injury lawsuit is limited. The Texas Civil Proactive and Remedies Code refers to the limit as “Damage Caps.” Punitive damage caps are typically capped at the amount greater between:

• $200,000 and
• Twice the amount of economic damages plus an amount equal to non-economic damages up to $750,000

Cases Where the Cap Doesn’t Apply

The maximum amount and formula for punitive damages differ in the case of medical malpractice lawsuits and claims involving the government. When the defendant’s actions amount to felonies and are committed “knowingly and intentionally,” you can seek punitive damages in excess of the usual cap.

Some felonies to which the cap exception applies to include:

• Sexual assault
• Murder
• Fraud
• Intoxication manslaughter
• Intoxication assault

In the case of intoxication assault and manslaughter, proving that the defendant acted knowingly and intentionally is unnecessary. The elements are often associated with DWI cases, and your accident lawyer in Texas can fight for unlimited punitive damages.

Wrongful Death and Punitive Damages

You can seek exemplary damages in a wrongful death case if you can prove that your loved one died through an act of gross negligence or willful malice. Since the cases are highly situation-specific, contact an experienced Mesquite personal injury attorney for legal guidance. An experienced lawyer will skillfully demonstrate your entitlement to punitive damages.

Who Makes Decisions About Punitive Damages?

Your catastrophic injury attorney in Mesquite can negotiate in the arbitration process for an additional award in addition to the compensatory damages owed. They can win punitive compensation based on the suffering you endured due to the egregious behavior due to the defendant’s fault.

Secondly, if a case needs to go to court, the jury can decide to award punitive damages, but this option is often complex as a complete agreement is necessary for a jury trial in Texas. The juror must agree on the liability and the amount to be awarded.

A Legal Professional Helping You Fight for Fair Compensation

Winning punitive damages can be challenging because of the decisions courts must make. That’s why you should engage the services of a skilled catastrophic injury attorney in Mesquite. After suffering severe injuries, high medical expenses, and enduring pain and suffering due to someone’s negligence, you deserve more than these primary reimbursements.

If you don’t know where to turn for legal assistance, our lawyers are ready to help. We provide a solid legal strategy to help clients pursue the compensation they deserve. Don’t suffer alone in silence if you have been a victim of someone’s negligence. Contact Oberg Law Office at 972-682-9700 for skilled legal guidance.

Fault in Auto Accidents in Texas

Many factors go into an automobile accident, but it’s often the case that one party is predominantly at fault. When you are injured due to someone else’s negligence, you may have questions about whether you can file a personal injury claim and what kind of compensation you may be able to get. Find out whether Texas is a no-fault state and what this means for your case.

What Does No Fault Mean?

In a no-fault state, it means that you can’t file a personal injury claim against the other party in an accident. Instead, you have to file a claim with your insurance company, and it is responsible for paying out any money. However, Texas is not a no-fault state. This means that you can — and often should — pursue compensation through the civil courts by filing a personal injury claim against the at-fault party after an accident.

How Is Fault Determined in Texas?

Many people think that the police officers who respond to a crash are responsible for determining who was at fault in an accident because they may give out tickets to one or both parties. However, it’s actually the insurance companies that must decide who was at fault and to what percentage. They will take into consideration various factors, including the weather and the amount and location of damage to the vehicles, look at the police reports for the crash, and possibly even do an accident reconstruction to assist in their determination.

Can I File a Personal Injury Claim If I Was Partially at Fault for an Accident?

It’s a common misconception that the other party has to be found 100% at fault to be named as a defendant in a personal injury lawsuit. However, in Texas, you can file a personal injury claim against the other party as long as they were at least 51% at fault for the accident. In general, the higher the other party’s at-fault percentage, the higher your compensation may be if you win.

Working With a Personal Injury Attorney

If you’re not sure whether you were at fault for an accident or whether you may have a personal injury case, you need to speak with an attorney as soon as possible after your accident. The insurance company may attempt to get you to accept a lowball settlement offer quickly, but you need to know the extent of your injuries, what kind of recovery you may be experiencing, and what a fair settlement offer may be.

If you were injured in an accident and someone else was found at fault, call 972-682-9700 to speak to an attorney at Oberg Law Office. We can help you understand what your legal options may be and represent your interests, whether that’s at trial or through settlement negotiations.

Often in injury litigation, the defense will ask for what they like to call an “Independent Medical Examination”. The defense has a right in most instances to have the Plaintiff examined by a doctor of the defenses choosing. However, don’t believe for one minute that they have chosen a truly “independent” doctor. We routinely see the insurance companies hire the same doctors over and over to perform these exams. Of course, they are likely to hire doctors who are very conservative and will minimize the effects of your injury or attempt to say that the injury is not from the crash/fall/incident that is the subject of the suit. Call these exams what they are: “Defense Medical Exams”.