Crime Victim Injury Lawyers in Austin

Damages in a Crime Victim Injury Claim

When someone is hurt due to a crime in Texas, they may pursue compensation through a civil case to recover various types of damages. These damages are generally categorized as economic, non-economic, and punitive, each serving a specific purpose in addressing the victim’s losses and holding the offender accountable.

Economic Damages

Economic damages are designed to compensate the victim for measurable financial losses resulting from their injury, such as:

• Medical expenses: Covers the costs of past and future medical treatment, including hospital stays, surgeries, medication, physical therapy, and mental health counseling related to the crime.
• Lost wages and loss of earning capacity: If the victim is unable to work due to their injury, they can demand compensation for lost wages. If the injury affects their ability to earn income in the future, they may also recover damages for diminished earning capacity.
• Property damage: If the crime caused damage to the victim’s property, such as a vehicle or personal belongings, they can seek reimbursement for repair or replacement costs.
• Other out-of-pocket expenses: This may include transportation costs for medical appointments, the cost of hiring household help, or other incidental expenses incurred as a direct result of the injury.

Non-Economic Damages

Non-economic damages compensate victims for the intangible losses they experience due to the crime, such as those related to:

• Pain and suffering: Compensation for the physical pain and discomfort the victim endured as a result of the injury.
• Mental anguish and emotional distress: Covers psychological impacts such as trauma, anxiety, depression, or PTSD (Post-Traumatic Stress Disorder) caused by the crime.
• Loss of enjoyment of life: When the injury impairs the victim’s ability to participate in activities they once enjoyed, they may be compensated for this loss.
• Disfigurement or disability: Victims who experience permanent scarring, disfigurement, or disability may claim damages for the long-term impact these conditions have on their lives.

Punitive Damages

Punitive damages, also known as exemplary damages in Texas, are awarded in cases where the offender’s actions were particularly egregious, intentional, or reckless. The primary purpose of punitive damages is not to compensate the victim but to punish the wrongdoer and deter similar conduct in the future. These damages are only awarded in cases where clear and convincing evidence shows an extreme level of misconduct, such as violent crimes or acts of gross negligence.

Liability Shared by Property Owners

It is sometimes possible to name another party as a defendant in a crime victim injury claim when their actions, or lack thereof, contributed to the conditions that allowed the crime to occur. One common example is when negligent security measures make property owners or managers liable for crimes committed on their property. This legal concept falls under premises liability, which obligates property owners to maintain a safe environment for those who legally enter their property.

When a property owner fails to implement adequate security measures, they may be considered negligent if someone becomes a victim of criminal activity as a result, such as due to:

• Lack of proper lighting in parking lots or building entrances
• Failure to install or maintain security cameras
• Absence of security personnel in high-risk areas
• Poorly trained security personnel
• Broken or inadequate locks, gates, or fencing
• Lack of warning signs or other preventative measures despite a history of criminal activity in the area

If it can be shown that the property owner knew or should have known about the potential for crime on their property and failed to take reasonable steps to address it, they may be held partially or fully liable for injuries caused by a third party’s criminal actions. For instance, imagine a tenant in an apartment complex is assaulted because the complex owner failed to repair a broken gate that would have kept intruders out. The property owner’s negligence in providing basic security could make them a defendant in the tenant’s injury claim.

Burden of Proof in Civil & Criminal Cases

The burden of proof in civil cases is significantly lower than in criminal cases:

• Beyond a reasonable doubt: In a criminal case, the burden of proof requires the prosecution to establish the defendant’s guilt “beyond a reasonable doubt.” This is the highest standard of proof in the Texas legal system, reflecting the principle that it is better for a guilty person to go free than for an innocent person to be wrongfully convicted.
• Preponderance of the evidence: By contrast, the burden of proof in a civil case is “preponderance of the evidence.” This standard is met when the plaintiff demonstrates that it is more likely than not that their claim is true. Put simply, if the evidence tips the scales in favor of the plaintiff, the burden can be satisfied.

This difference in the burden of proof is important for victims seeking compensation. Even if a defendant is acquitted in a criminal trial because guilt could not be proven beyond a reasonable doubt, a civil case may still succeed under the preponderance of the evidence standard. In a famous example, O.J. Simpson was not convicted of murder in criminal court, but he was found liable for the damages caused by the deaths of the alleged victims in civil court. 

Ultimately, the lower burden of proof in civil cases offers victims an opportunity to address the harm they endured, even when criminal liability cannot be established. It empowers people to seek compensation and closure while reinforcing the principle that those who cause harm should be held responsible for their actions. An experienced attorney from our firm can guide victims through the civil claims process, so their cases are well-prepared and their rights are respected.

Move Forward with an Attorney’s Help

Navigating a crime victim injury case in Austin, Texas, can be complex, which is why hiring a lawyer is highly recommended. The experienced attorneys of our firm understand the intricacies of Texas laws, including how to identify all potentially liable parties, such as negligent property owners or other third parties beyond just the criminal offender. We can meet important legal deadlines, gather crucial evidence, and prepare a strong case to maximize compensation for damages like medical expenses, lost income, and emotional suffering. Additionally, your lawyer will act as a dedicated legal advocate, handling negotiations with insurance companies or opposing counsel to protect your rights and interests.

We’re Standing By – Reach Out Today

If you or someone you love has been injured due to a crime in Austin, Texas, don’t wait to take action. At Cofer & Connelly, PLLC, we understand the unique challenges crime victims face, and we are here to guide you every step of the way. Our experienced attorneys will fight tirelessly to help you pursue justice and the compensation you deserve. Time is critical in these cases, so don’t delay.

Call (512) 991-0576 and request an initial consultation with our Austin crime victim injury lawyers.