For many people who are seriously injured because of medical mistakes and errors in Texas, the pain, suffering, mental anguish, and permanents impairments are the worst elements to deal with. These harms and losses are called noneconomic damages and, under Texas law, they’re subject to tort reform caps. The caps range from $250,000–$750,000, depending on the number and type of defendants sued.
Unlike noneconomic damages, past and future lost wages or loss of earning capacity aren’t capped. For a person who’s seriously injured by medical negligence, but was still working before the incident, the potential claims for wages merit careful investigation. Because they aren’t subject to tort reform limitations, economic damages such as lost wages are a critical aspect of any medical malpractice case evaluation.
The best way to get a hold on lost wages to review the plaintiff’s tax returns. At Painter Law Firm, we typically request the past five years to get a reasonable idea of what income the person has lost because of medical malpractice injuries.
For people who are employees of a company, it’s pretty straightforward—collect W2 forms and tax returns. As any self-employed individual knows, determining actual income takes some extra work. One important factor for anyone self-employed is to make sure that all tax returns have been filed before filing suit. Jurors are often understandably hostile to anyone who hasn’t paid taxes.
If you’ve been seriously injured because of poor health care in Texas, contact a top-rated, experienced Houston, Texas medical malpractice lawyer to discuss your potential case.