Houston, TX asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for Texas

Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the

maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I won't have any of those fees to recover. I know if I prove fraud I can get triple in punitive damages and tripple my amount of mental anguish fees . The punitive damages would be triple the amount of my economic damages correct?

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.

A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily injuries were caused to you as a result of whatever was wrong with the truck that is the responsibility of the defendant.

But again, it is very situational. If the truck broke down on a busy highway causing your injuries and other cars were zooming past all around you, you would probably get more damages for mental anguish than if it happened in your driveway or on a quiet neighborhood street

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: If there is evidence to support the claim, such as medical documentation, narratives from an examining health care professional, etc., those would be factora for a court to consider. Good luck

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