Texas does allow punitive damages to be awarded in auto accident lawsuits provided that certain requirements are met. The most important is the plaintiff is able to establish that the defendant acted with gross negligence. In order for punitive damages to be awarded, there must first be actual damages. Actual damages are things like medical bills, pain and suffering, mental anguish, and loss of wages. Without actual damages, punitive damages cannot occur. Second, you must be able to demonstrate that the defendant acted with gross negligence. This means showing:

• That a reasonable person in the same situation as the defendant would have known that their behavior or conduct involved an extreme degree of risk.
• That the defendant knew of the risk but acted with disregard.

While every accident and injury is unique, it is typically best to consult with an attorney prior to making any decisions that could impact your claim. Speaking with an experienced attorney can help you understand what options available to you as well as what steps you should take to secure fair financial compensation. This is the reason Thomas J. Henry Law provides FREE case consultations to all accident victims. It is important to remember that the primary job of an insurance adjuster is to limit liability and save their company money. When an insurance adjuster calls you with questions concerning your accident, they are in fact looking for information that limits the liability of their client and information that can be used to downplay the extent of your injuries. Adjusters may also ask for a recorded statement concerning your accident and injuries under the guise that they are simply gathering the information necessary to move your claim forward. The truth is that this recorded statement can actually be used to erode your case and path to financial recovery. By speaking with an attorney before the insurers, you are protecting your rights and your best interests. If you choose to hire your attorney following your consultation, your attorney will begin working on your case that same day.

A successful personal injury attorney will utilize their legal expertise, resources, and knowledgeable support staff to develop your case in a way that accurately demonstrates liability as well as any economic and non-economic damages you have incurred. The ultimate goal is to take care of the client's claim so that the client can focus on their health and physical recovery. Thomas J. Henry Law has the legal and financial resources necessary to properly build and handle your case in the most effective and efficient way possible. Your attorney will make sure you are treated with respect, are kept informed with the most up-to-date information on your case, and that you are comfortable throughout the entire legal process as we work to secure the compensation you deserve. We will also work with medical providers to ensure you receive proper medical treatment for all of your injuries. Experienced attorneys also have access to expert witnesses with specialized knowledge on a subject related to the case. Thomas J. Henry has spent years finding the best expert witnesses across the United States. Our firm retains the most qualified experts for each individual case, from accident reconstruction experts to medical professionals. Every expert undergoes a rigorous and in-depth examination process before ever being involved in a client’s case.