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Meta Title: How Jury Awards Work in Wrongful Death Cases in Texas | San Antonio & McAllen Lawyers
Meta Description: Learn how jury awards are determined and modified in Texas wrongful death cases. Our San Antonio and McAllen wrongful death lawyers at J.A. Davis explain damages, expert testimony, and survival actions.
How Jury Awards Work in Wrongful Death Cases in Texas
When a wrongful death case goes to trial, the jury listens to evidence from both sides and decides how much compensation the surviving family should receive. But the jury’s number is not always the final word. Courts have the authority to modify a damage award upward or downward depending on the strength of the evidence, the credibility of the testimony, and the specific circumstances of the case. That is why the way your lawyers build and present a wrongful death claim matters as much as the facts of the accident itself. Our San Antonio car accident lawyers at J.A. Davis Injury Lawyers prepare every wrongful death case with the understanding that the evidence we put in front of the jury must be strong enough to survive post-trial scrutiny and hold up on appeal.
Texas families who lose a loved one in a fatal car accident deserve lawyers who know how to maximize a damage award and protect it from reduction. Our McAllen car accident lawyers have guided families throughout South Texas through the wrongful death process, and we understand how courts evaluate jury verdicts and what it takes to make an award stick.
If you lost a spouse, parent, or child because of someone else’s negligence, our personal injury lawyers offer free consultations and handle wrongful death cases on a contingency fee basis. Call us today and let our team explain what your family may be entitled to recover.
How Courts Can Modify a Jury’s Damage Award
After a jury returns a verdict in a wrongful death case, the judge has the power to adjust the award if the evidence does not support the amount. Several factors can influence whether a court increases, reduces, or sets aside a jury’s decision entirely.
If the deceased person had a history of financial irresponsibility — excessive debt, gambling, or reckless spending habits — the defense may argue that the family’s actual financial loss is lower than what the jury awarded because a significant portion of the deceased person’s earnings would not have benefited the survivors anyway. A court that finds this argument persuasive can reduce the award accordingly. On the other hand, our lawyers work to demonstrate that the deceased person was a reliable provider whose income directly supported the household, which strengthens the jury’s decision against reduction.
Courts have also reduced jury awards when the evidence shows the deceased earned low wages, even in situations where the person was young, had strong career prospects, and supported multiple children. This is where our preparation makes a critical difference. We present evidence of the deceased person’s education, skills, work ethic, career trajectory, and earning potential to show the jury and the court that past wages alone do not tell the full story of what this person would have earned over a lifetime.
In cases where the deceased was unemployed at the time of death, a jury can still award lost earnings if the person had a work history and the plaintiff presents credible proof of what they typically earned when employed. However, if that proof is weak or missing, the judge may set aside the jury’s damage award and order a new trial. Our lawyers gather pay stubs, tax returns, employer records, and vocational expert testimony well before trial so the earnings evidence is airtight and leaves no opening for the defense to challenge.
Expert Testimony That Proves What Your Family Lost
Wrongful death damages hinge on proving the financial value of the person who was killed. Our lawyers retain forensic economists who calculate the deceased person’s projected lifetime earnings, factor in expected raises, promotions, and benefits, and present a dollar figure that reflects the true economic loss to the surviving family. This expert testimony transforms abstract grief into concrete numbers that a jury can act on and a court can uphold.
Expert testimony is especially important when the deceased was a stay-at-home spouse or parent. For decades, courts struggled with how to value the contributions of a homemaker who earned no formal wages. That standard has changed. Today, economists can testify about the replacement cost of the services a stay-at-home parent provided — cooking, cleaning, childcare, transportation, household management, and the dozens of other tasks that would need to be hired out if the person were no longer there. The economic impact on the surviving family is not a decline in income; it is an increase in expenses to replace the care and support the deceased would have continued providing. Our lawyers make sure that value is fully documented and presented in a way that resonates with both the jury and the court.
Punitive Damages in Texas Wrongful Death Cases
Most wrongful death awards consist of compensatory damages — money designed to make up for what the family lost. But in cases involving especially reckless, malicious, or egregious conduct, Texas law allows the jury to award exemplary damages, commonly known as punitive damages. These damages are not meant to compensate the family. They exist to punish the wrongdoer and send a message that deters others from behaving the same way.
Texas Civil Practice and Remedies Code Chapter 41 governs exemplary damages and caps them at the greater of $200,000 or two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000. Exceptions to the cap exist when the defendant’s conduct involved certain criminal acts such as intoxicated driving. If the at-fault driver was drunk behind the wheel when they killed your loved one, our lawyers pursue exemplary damages aggressively because the law recognizes that level of recklessness warrants punishment beyond ordinary compensation.
Survival Actions: Recovering for Pain Before Death
A wrongful death claim compensates the surviving family for their losses. A separate legal action called a survival claim addresses what the deceased person endured before they died. If the victim survived for any period of time between the accident and death — whether minutes, hours, or weeks — the personal representative of their estate can file a survival action to recover damages for the conscious pain and suffering the victim experienced during that time.
In evaluating a survival claim, the jury considers several factors: the extent of the victim’s consciousness after the accident, the severity of the physical pain they endured, the emotional distress of facing imminent death, and how long that suffering lasted before they passed away. These damages become part of the deceased person’s estate and are distributed according to their will or Texas intestacy laws. Our lawyers pursue survival actions alongside every wrongful death claim where the evidence supports it because recovering for the victim’s own suffering is a separate and significant source of compensation that the family deserves.
Time Is Critical — Call Our Lawyers Today
Texas imposes a two-year statute of limitations on wrongful death claims, and evidence deteriorates with every passing month. Witness memories fade, surveillance footage gets overwritten, and physical evidence disappears from the scene. The sooner our team at J.A. Davis Injury Lawyers gets involved, the stronger the case we can build for your family. Call our San Antonio office at 210-732-1062 or our McAllen office at 956-994-0565 for a free, confidential consultation. Let us carry the legal fight while you focus on your family.
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Meta Title: Full-Service Car Accident Law Firm in San Antonio & McAllen | J.A. Davis
Meta Description: Looking for experienced car accident lawyers in San Antonio or McAllen? J.A. Davis Injury Lawyers fights aggressively for maximum recovery. Free consultations. No fee unless we win.
Full-Service Car Accident Law Firm in San Antonio and McAllen
Choosing the right lawyers after a car accident is the most important decision you will make during your recovery. There are plenty of law firms and plenty of lawyers to pick from, but what you actually need is a legal team that understands car accident injuries inside and out, knows the factors that cause motor vehicle collisions on Texas roads, and will fight aggressively to protect your rights from the moment you call until your case is resolved. That is exactly what our San Antonio car accident lawyers at J.A. Davis Injury Lawyers deliver. We are a full-service car accident law firm, and every resource we have goes toward one goal: maximizing the compensation our clients recover for their injuries.
Our McAllen car accident lawyers bring the same depth of experience and the same aggressive approach to every case we handle across the Rio Grande Valley. Whether the wreck happened on Expressway 83, at a busy McAllen intersection, or along a rural Hidalgo County highway, our team has the insight, the expertise, and the courtroom experience to go toe to toe with insurance companies and defense lawyers who want to minimize what you are owed.
We back our commitment with a simple promise: you never pay us a dime unless we win your case. Our personal injury lawyers work on a contingency fee basis, which means all the financial risk falls on us and every incentive we have points toward getting you the best possible result. Call us now for a free, confidential consultation.
Why the Lawyers You Choose Matter
Not every law firm handles car accident cases the same way. Some firms settle quickly for whatever the insurance company offers because it is easier and faster. Our lawyers do not operate that way. We invest in every case from the start because we know that the work done in the first weeks after an accident often determines how much compensation a client ultimately receives.
Our car accident lawyers use accident reconstruction specialists who analyze the scene, the vehicle damage, and the physical evidence to establish exactly how your wreck occurred and who caused it. We retain forensic economists who calculate the full financial impact of your injuries — not just what you have spent so far, but what your treatment, lost earning capacity, and long-term care needs will cost over the years ahead. We work with investigators who track down witnesses, secure surveillance footage, and uncover evidence the insurance company would rather stay buried. We consult with physicians, biomechanics experts, and other medical professionals who explain the precise connection between the crash forces and your injuries in terms a jury can understand.
Knowing when to bring in these specialists and how to use their findings during negotiations or at trial is what separates experienced car accident lawyers from firms that simply file paperwork and hope for the best. Our team recognizes which experts a case needs early in the process, and we deploy them strategically to build the strongest claim possible on your behalf.
What You Can Recover After a Car Accident
As a car accident victim in Texas, you may be entitled to several categories of compensation depending on the severity of your injuries and the circumstances of the crash. Our lawyers pursue every available dollar so that nothing gets left on the table.
Medical expenses are typically the foundation of any car accident claim. We recover compensation for emergency treatment, hospital stays, surgeries, physician visits, prescription medications, physical therapy, and any assistive devices your injuries require — regardless of whether you have health insurance. If your doctors project that you will need future medical care, additional surgeries, or long-term rehabilitation, we calculate those anticipated costs and demand that the at-fault driver’s insurance cover them as part of your settlement or verdict.
Lost wages and lost earning capacity account for the income your injuries have already cost you and the income you stand to lose going forward if you cannot return to your previous job or work at the same level. We document your employment history, your earnings, and your career trajectory to build a damages claim that reflects the true financial impact on your life.
Vehicle repair or replacement costs, rental car expenses while your vehicle is being fixed, and out-of-pocket expenses you incurred because of the accident are all recoverable. And beyond the financial losses, Texas law entitles you to compensation for pain and suffering, emotional distress, and mental anguish caused by your injuries. These non-economic damages often represent the largest portion of a serious car accident claim, and our lawyers know how to present them in a way that communicates the real weight of what you have been through.
Every Type of Car Accident, Every Type of Injury
Our lawyers handle the full range of car accident cases across San Antonio and the Rio Grande Valley. Dangerous lane changes on I-10 and Loop 410. Rear-end collisions in stop-and-go traffic. Broadside crashes at intersections where a driver ran a red light or blew through a stop sign. Head-on collisions caused by wrong-way drivers or motorists who crossed the center line. Rollover accidents involving SUVs and trucks on South Texas highways. Turning accidents where a driver failed to yield. Crashes caused by speeding, reckless driving, and distracted driving. Collisions involving drunk drivers. Bus accidents. Pedestrian accidents where a car or truck struck someone on foot.
No matter how your wreck happened, the process our lawyers follow stays the same: investigate thoroughly, identify every liable party, document every loss, and fight for maximum compensation through negotiation or trial. We do not back down from insurance companies, and we do not recommend settling a case for less than it is worth just to close the file faster.
Call J.A. Davis Injury Lawyers Today
You did not choose to be in this situation, but you do get to choose who fights for you. Our lawyers at J.A. Davis Injury Lawyers have the experience, the resources, and the determination to protect your rights from the insurance carrier to the courtroom. Call our San Antonio office at 210-732-1062 or our McAllen office at 956-994-0565 for a free, confidential consultation. Let us show you what a full-service car accident law firm can do for your case.
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Meta Title: Personal Injury Lawyers for Car Accidents & More | San Antonio & McAllen
Meta Description: From car accidents to slip and falls, medical malpractice, and nursing home abuse, our San Antonio and McAllen personal injury lawyers at J.A. Davis fight for full compensation. Free consultations.
Personal Injury Lawyers for Car Accidents and Beyond in San Antonio and McAllen
A serious injury changes your life in ways you never expected. The medical bills start stacking up before you even leave the hospital. You miss work because your body will not let you do your job. The pain follows you into every part of your day, and the insurance company on the other side is already looking for ways to pay you as little as possible. Whether your injuries came from a car accident, a truck wreck, a slip and fall, medical malpractice, or any other act of negligence, you deserve lawyers who know how to fight back. Our San Antonio car accident lawyers at J.A. Davis Injury Lawyers represent injured people across South Texas in every major area of personal injury law, and we bring the same aggressive approach to every case regardless of how the injury happened.
Our McAllen car accident lawyers handle cases throughout Hidalgo County and the Rio Grande Valley, standing up for clients who were hurt by careless drivers, negligent property owners, reckless corporations, and healthcare providers who failed to meet the standard of care. We know how insurance companies operate — the delays, the lowball offers, the bad faith tactics designed to wear you down — and we refuse to let them take advantage of the people we represent.
Our personal injury lawyers offer free initial consultations and charge no fee unless we win compensation for you. That is our promise. Call us today and find out how our team can help you get compensated for your losses.
Car Accidents and Motor Vehicle Collisions
Car accident cases are at the core of our personal injury practice. A serious auto accident can produce devastating injuries and medical bills that overwhelm a family in weeks. Our car accident lawyers step in immediately to deal with the insurance companies, preserve critical evidence, and build a claim that reflects the true cost of what happened to you. We handle every type of motor vehicle collision — rear-end crashes, broadside impacts, head-on collisions, rollovers, lane-change accidents, and wrecks caused by speeding, distracted driving, running red lights, and drunk driving.
Our experience extends well beyond standard car accidents. We represent clients injured in commercial truck wrecks, motorcycle collisions, bus crashes, boating accidents, and pedestrian accidents caused by drivers who were texting, failed to yield at crosswalks, ran red lights while turning, or were driving under the influence. Each type of motor vehicle case carries its own set of legal challenges, and our lawyers know how to navigate every one of them to maximize your recovery.
Slip and Fall and Premises Liability
Property owners in Texas have a legal duty to maintain safe conditions for visitors. When they fail — unmaintained sidewalks, wet floors with no warning signs, potholes in parking lots, broken stairs, faulty fencing or locks — and someone gets hurt as a result, that property owner can be held financially responsible. Our lawyers handle slip and fall cases and premises liability claims throughout San Antonio and the Valley, fighting to recover compensation for medical bills, rehabilitation costs, physical therapy, and lost wages that our clients should never have to pay out of their own pocket.
Medical Malpractice
When you trust a healthcare provider with your health and that provider fails you, the consequences can be catastrophic. Our personal injury lawyers handle medical malpractice claims involving surgical errors, misdiagnosis, delayed diagnosis, birth injuries, heart attack and stroke mismanagement, removal of wrong organs, medication errors, and other failures that fall below the accepted standard of medical care. These cases are complex and require expert medical testimony to prove what went wrong and why. Our team works with qualified medical professionals who review the records, identify the negligence, and provide the testimony needed to hold the responsible parties accountable.
Nursing Home Neglect and Elder Abuse
Families trust nursing homes and assisted living facilities to care for their most vulnerable loved ones. When that trust is betrayed through neglect, physical abuse, emotional abuse, or failure to provide adequate medical attention, our lawyers step in to protect the victim and pursue justice on the family’s behalf. Nursing home abuse cases often involve residents who cannot speak for themselves, which makes thorough investigation and aggressive legal advocacy even more critical. If you suspect that a family member is being mistreated in a care facility, our team can help you understand your options and take action.
Product Liability and Defective Products
Manufacturers, distributors, and retailers have an obligation to put safe products into the hands of consumers. When a defective product causes injury — whether it is a recalled consumer product, a malfunctioning piece of equipment, or a defective medical device implanted in your body — the companies responsible for that product can be held liable. Our personal injury lawyers pursue product liability claims against corporations of every size, and we have the resources to go up against well-funded defense teams that try to shift blame away from the defective product and onto the consumer.
Animal Attacks and Dog Bites
Texas law holds dog owners responsible when their animal attacks and injures another person. Our lawyers pursue both compensatory and punitive damages from the owner of the animal that caused the harm. Dog bite injuries can be severe — deep lacerations, nerve damage, scarring, and infections that require multiple surgeries and long-term treatment. We make sure the full scope of your injuries and your future medical needs are accounted for in every claim we file.
Insurance Companies Will Not Fight Fair — Our Lawyers Will
No matter what type of personal injury case you are dealing with, the insurance company on the other side has one objective: pay as little as possible and close your file. Adjusters deny valid claims, delay payments hoping you will give up, and offer settlements that do not come close to covering your actual losses. Many act in outright bad faith, and they count on injured people not having the legal resources to push back. Our lawyers make sure that does not happen to you. We handle all communication with the insurance company, gather the evidence needed to prove your claim, and fight for every dollar of compensation you are owed for medical expenses, lost wages, pain and suffering, and long-term care needs.
Do not go through this alone. Call our San Antonio office at 210-732-1062 or our McAllen office at 956-994-0565 for a free consultation. Our personal injury lawyers at J.A. Davis Injury Lawyers are ready to put our experience to work for you and your family.
