What is the difference between special and general damages?

In legal terms, “damages” are the amount of money you are awarded if your lawsuit is successful. There are different types of damages, and they’re given different names to specify exactly what it is that the defendant is paying for. The two most common types of damages are special damages and general damages.

 

General damages represent the types of damages that can’t easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. There is no evidence, such as bills or receipts, of a specific dollar amount, but they are losses for which the plaintiff deserves compensation nonetheless.

 

Special damages, by contrast, can be assigned a specific monetary value because these are compensation for the expenses you incurred as a result of the accident. Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.

 

One easy way to remember the difference between general and special damages is to think of them this way – general damages are the damages that can “generally” be attributed to the defendant’s negligence, such as the pain and suffering that all accident victims suffer. Special damages, on the other hand, are unique (or “special”) to you because no other plaintiff will have the precise amount of financial losses as you do.

 

If you have been injured in a car accident, we can help you get the full and fair compensation that you deserve. To receive a free consultation from a Texas personal injury attorney at Fears | Nachawati, just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Construction accident involving 200-pound tire kills worker

A construction worker was killed when he was struck by a 200-pound tire that had come loose from a tanker truck carrying flammable liquids.

 

The victim was 52-year-old J. Pedro Garcia, a state contract road crew worker.

 

The first right rear wheel of the tanker came off while the truck was crossing over Lewisville Lake on the I-35 southbound bridge. The first lost tire struck two vehicles.  

 

After losing the first tire, and after striking the other vehicles, the truck continued driving for about a half a mile. A second wheel then came off and hit Garcia.

 

Garcia was flown by ambulance to an area hospital where he later died from his injuries.

 

The truck company for which the driver worked, Safety-Kleen, is cooperating with police in the ongoing investigation.

 

Click here to read more about this Texas construction accident.

 

Workers who have been injured in construction accidents may have a basis for bringing a Texas personal injury lawsuit. For free legal advice on your potential claim, contact Fears | Nachawati today by email at info@fnlawfirm.com or on our toll-free helpline at 1.866.705.7584. 

 

What is loss of consortium?

Loss of consortium is a legal term that describes the negative effect that an accident can have on a marriage. If one spouse is injured in an accident, the other spouse may lose some of the love, support, affection, companionship and sexual relations that were a part of the marriage before the injury occurred.

 

Many people mistakenly believe that loss of consortium applies only to sexual intercourse. However, there are numerous different components of loss of consortium, such as comfort, assistance around the home, solace and moral support. As described above, loss of consortium generally refers to any disruption to a marriage that comes about as a result of a personal injury, not just physical intimacy.

 

To seek damages for loss of consortium, the non-injured spouse files a loss of consortium claim in conjunction with the personal injury claim being filed by the injured spouse.

 

At Fears | Nachawati, we know that marriages are built on special relationships and common goals. When a personal injury interferes with your relationship and your ability to enjoy your marriage as you have in the past, then you may have a claim for loss of consortium. We know that no amount of money can ever make up for the damage an accident causes to your marriage, but financial compensation can help ease the burdens of a personal injury.

 

Contact us today for free legal advice on loss of consortium and other issues related to personal injury claims. The Texas personal injury lawyers of Fears | Nachawati provide personal injury victims with a free legal consultation. Simply email us at info@fnlawfirm.com or call us toll free at 1.866.705.7584.

 

Personal injury and wrongful death lawsuits against Chrysler and GM to be wiped out in face of bankruptcy

With Chrysler and GM being granted Chapter 11 bankruptcy, hundreds of personal injury and wrongful death claims against the corporation are being dropped – and not by the plaintiffs.The upshot of a government plan to bring GM and Chrysler LLC out of bankruptcy free of debt effectively wipes out the pending suits against them.

Before June 10th, the date on which the company emerged from bankruptcy, Chrysler sold 10 millions vehicles. And now the new Chrysler can’t be held legally responsible for any incidents involving those millions of cars and trucks.

GM is set to emerge from bankruptcy as early as July – and the same rule is likely to apply to the 30 million GM vehicles currently on the road.

The so-called “new Chrysler” is owned by Fiat, which will not be held responsible for liability claims made against Chrysler before the sale. The “old Chrysler” was internally insured. When its assets were vanquished, so too were any funds for legal backing.

Critics are challenging GM’s bankruptcy plan in court, claiming it would essentially deprive consumers of their legal right to pursue a product liability claim. The bankruptcy and sale to Fiat also means that none of the Chrysler vehicles sold before June 10th will ever be recalled for defects.

Experts also say that even consumers who have already won verdicts against Chrysler and GM will likely be unable to collect on their awards.

For a more in-depth look at these lost personal injury and wrongful death lawsuits, click here for the full story.

Fears | Nachawati is a Texas law firm handling personal injury and wrongful death claims. Contact us today for a free legal consultation.You can email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

Two killed in a Fort Worth car crash

A car accident in Fort Worth, Texas, has claimed the lives of two people. The female driver and male passenger were in an SUV traveling northbound on U.S. 287. For unknown reasons, the SUV struck a guardrail and rolled down a hill.

The male passenger, 25, was ejected from the vehicle. The driver, 22, was found dead inside of the SUV. She was wearing her seat belt. The names of the victims have not yet been released.

It remains unknown whether excessive speed or alcohol played a part in the accident.

For more about this Fort Worth car accident, click here.

If you have been injured in a car accident, it is wise to seek the advice of a qualified personal injury attorney as soon as possible. By consulting with a Texas personal injury attorney, you can be sure that your legal rights are protected.

Contact Fears | Nachawati today for a free consultation about your potential Texas personal injury claim. Simply email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

What is a personal injury lawsuit?

A personal injury lawsuit is based on one person being injured because of the negligent actions of another person. A person is negligent if they fail to act with the prudence that a reasonable person would under the same circumstances. Liability can also be founded on behavior that is reckless or intentional. The person liable for the accident is the defendant, while the person bringing the suit is the plaintiff.

The purpose of a personal injury lawsuit is to compensate the victim for their injuries and losses. These are known as “damages.” The amount of compensation awarded to a plaintiff in a successful personal injury claim depends on the extent of their injuries, both physical and emotional.

The law surrounding personal injury lawsuits varies from state to state. That is why it is so important that you seek the advice of a Texas personal injury attorney. Only an attorney versed in Texas personal injury law can properly advise you on your potential claim.

The law firm of Fears | Nachawati represents accident victims in personal injury lawsuits. To find out if you may have a personal injury claim, contact us today to receive a free consultation. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

You should not hesitate in consulting with a Texas personal injury attorney. If you wait too long, your claim might be barred by the state’s statute of limitations. A statute of limitations is a law that limits the amount of time in which you have to bring your personal injury claim.