Houston Truck Accident Attorney Applauds State’s Participation in Safe Truck Driving Program
Increased attention to commercial motor vehicle equipment and operators will save countless lives, Houston personal injury lawyer Brad T. Wyly says.

Published Jun 10, 2011.
Read more: PRWeb via Yahoo! News

Personal injury and wrongful death claims are valued based on a number of different factors.  One of the factors taken into account is the plaintiff’s economic damages sometimes referred to as special damages. Special damages include medical bills, lost earnings and all other monetary losses resulting from the accident. These damages are usually easy to prove because they can be supported with documentation such as medical bills. 

In contrast non-economic damages sometimes referred to as general damages are much harder to prove and usually require some degree of legal skill in order to maximize recovery.  General damages include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss or impairment of mental or physical capacity and loss of enjoyment of life. 

Under what is called tort reform some states have also enacted a cap on the amount of damages that a plaintiff may recover for non-economic damages. This cap originally proposed by President Bush was intended to reduce insurance premiums paid by the general public, but enjoyed little success in that regard.  Regardless some states have chosen to adopt such caps, thus it is important to contact an experienced legal professional when dealing with non-economic damages.

In rare cases the court may find the defendant liable for punitive damages. Punitive damages are generally not awarded to compensate for injury, but to punish the actions of the defendant. In most states to get punitive damages the claimant must prove that the underlying injury or event on which the request for exemplary/punitive damages is based results from fraud, malice, or gross negligence (1) or is based on a separate statutory provision that both establishes a cause of action and authorizes the recovery of exemplary/punitive damages (2). When punitive damages are sought in medical malpractice claims, they are most frequently based on allegations of malice and/or gross neglect.

Given the complex nature of personal injury or wrongful death claims it is always a good idea to consult with a qualified legal professional.

The Law Office of Albert Lee Giddens

Originally published here.

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Product Description

We have written this book as a self-help tutorial and an introduction to personal injury law for people who have found themselves just where you are now, the victim of an accident.

We hope that this book will help guide you through your rebound from an accident victim to the role you have now been cast in as a plaintiff. You are about to enter the legal world filled with its own members and its own vocabulary. This book clearly and concisely provides a step by step explanation of the entire process from accident to settlement.

This book should not be considered legal advice, but rather an introductory overview to the world of personal injury.

If you have chosen this book, it is likely that you and/or someone you love have been injured in an accident. It may have been the result of a motor vehicle wreck, a work accident, or wrongful harm.

We wrote this book for you.

Terry Bryant is a Former Judge and Board Certified in personal injury trial law by the Texas Board of Legal Specialization. Terry Bryant Accident & Injury Law is located in Houston, Texas.

Personal Injury Law: An Overview for Texas Accident Victims