In Texas, when you sustain injuries because of another party’s negligence, you can hold them financially accountable for your losses by seeking personal injury damages. There are two main types of damages available in Texas that you can pursue in a personal injury lawsuit: compensatory damages and punitive damages. In this blog, we will discuss the types of personal injury damages available in Texas and how they are determined.
Compensatory Damages in Texas
Compensatory damages are designed to compensate you for the losses you have suffered due to your injuries. These include economic and non-economic damages. In Texas, there are no caps on the amount of compensatory damages you can receive, except for medical malpractice cases.
Economic Damages
Economic damages refer to financial losses that can be easily quantified and calculated. These are any losses that come with an actual dollar amount, hitting you in the pocketbook. In Texas, economic damages are considered include medical bills, therapeutic services, loss of earnings, and property damage – the damages that are most easy to quantify with a financial amount.
1. Medical Expenses
Medical care is always expensive, and after a serious injury, you will accrue bills for your immediate care and continuing costs for extended care. Your injuries may require surgeries, physical therapy, hospitalization, home care, reconstructive measures, and other out-of-pocket expenses. When someone else’s negligence is the reason you need medical care, that party – not you – should have to cover the costs.
While your health insurance may cover your medical care, you will still have copays. Or your insurance may not be enough to cover your needs. A fair settlement or a trial award will compensate you for your total losses related to your necessary medical treatment.
2. Wage Loss
As you recover, you will need to take time off of work. Missed work often comes with lost income. Even if you can claim disability benefits, those benefits do not match your full wages. And if you have sick time available, it is not fair to lose the value of that time because of someone else’s irresponsibility. Some injuries are so severe that a full recovery is not possible, making it impossible to return to work.
You can trust our personal injury lawyers to calculate your total income loss. If necessary, your lost future earnings, earning capacity and job benefits and factor that amount into your economic damages.
3. Property Loss
If you are in a motor vehicle accident, your own vehicle may need extensive repairs or be completely destroyed. Or, you may have been traveling with devices, luggage, or other personal property that is damaged or destroyed in the accident.
Whatever your situation, our personal injury lawyer will fight to hold the at-fault party responsible and get you compensation for the loss of property.
4. Additional Costs
Every personal injury case is different and comes with its own set of consequences. Personal injury victims who are responsible for caring for their kids’ daily needs and driving them from place to place may have to pay for childcare and transportation following a serious injury. Homeowners may not be able to keep up with household chores and maintenance on their own and will have to pay for those services. Some victims’ abilities are permanently changed by an accident, and they need to restructure their living spaces to accommodate their needs.
These, or any other accident-related expenses, are not yours to bear, and Texas allows victims to hold the at-fault party responsible for their total economic damages. Your Houston personal injury attorney will include these costs in your settlement demand and / or demand them at trial.
Non-Economic Damages
“Non-tangible losses” are another term for non-economic damages. Non-economic damages attempt to compensate the plaintiff for damages related to issues that are difficult to quantify. These types of compensation include pain and suffering, loss of work ability, decreased quality of life, and loss of consortium (inability to maintain intimacy with family and friends).And while these losses do not come with a tangible price or clear-cut dollar amount, they often come with the highest costs.
No amount of money can truly compensate a victim for non-tangible losses, but a financial award works to acknowledge their value. Non-economic damages acknowledge:
- The physical pain your injuries have caused;
- loss of enjoyment of life;
- Your emotional distress–you may grieve the loss of independence or certain physical or cognitive abilities, may experience loneliness if you cannot interact with others as you once did, or feel despair as you endure the physical pain and ongoing medical interventions;
- Psychological consequences of your accident and injuries, such as depression, anxiety, or suffering from post-traumatic stress disorder (PTSD);
- Your reduced quality of life – When you cannot experience life on the physical, emotional, and psychological levels you once did, your overall quality of life is diminished;
- Inconvenience experienced because of your injuries;
- Disfigurement;
There is no cap on non-economic damages in Texas except in cases of medical malpractice.
Punitive Damages
In rare cases, an injured person may seek punitive damages if a defendant acted intentionally or was grossly negligent. Do not add to your or your loved ones stress and suffering. Whether you sustained an injury in a car accident or were injured at work, reach out to our experienced personal injury lawyers.
Get Legal Help With Personal Injury Claims in Houston
In Texas, the statute of limitations for personal injury cases, such as those arising from car accidents, workplace accidents, or defective products, is generally two years from the date of the accident. After which you may be unable to file a lawsuit to seek compensation for your injuries. Don’t hesitate to contact the Houston personal injury lawyers for a Free Consultation.
The Houston legal team at Dax F. Garza, P.C. will will fight for fair compensation, handling it with compassion and efficiency. We are experienced at holding the at-fault party or parties responsible and getting the financial compensation injury victims need to heal. We look forward to hearing from you.
