A person with a spinal cord injury caused by someone else’s negligence may seek economic damages, noneconomic damages, and, in limited cases, exemplary damages under Texas Civil Practice and Remedies Code Chapter 41. Negligence means a failure to use reasonable care that causes someone else to sustain injury. Economic damages pay for losses with a definite dollar amount, such as medical bills and lost wages under Section 41.001(4). Noneconomic damages pay for losses without a set price, such as pain and physical impairment, under Section 41.001(12). Exemplary damages, also called punitive damages, punish the at-fault party only in certain cases. They require proof of fraud, malice, or gross negligence by clear and convincing evidence according to Section 41.003(a). Clear and convincing evidence is proof that creates a firm belief the claim is true.
Most personal injury lawsuits must be filed within two years of the injury (Section 16.003(a)). For an injured minor, that period generally does not start to run until they turn age 18, per Section 16.001, although a parent or guardian can bring a claim on their behalf sooner than that. Claims against a government or healthcare provider have separate notice rules, explained below.
