What types of damages can I get in a personal injury case?
Personal Injury Damages in Texas: What You Can Recover
The most common questions that we receive at The Low Law Firm about a client’s personal injury case is, “How much is my case worth?” Or, “Can I get back my wages when I was off work?” The purpose of this post is to educate you on what damages are available after you have been involved in a car wreck, truck wreck, oil field related incident, or any other type of personal injury case. If you have been injured due to the negligence of someone else call The Low Law Firm in Abilene, Texas for a free consultation. (325) 455-1889.
Personal injury damages can be divided into three primary categories: economic damages, non-economic damages, and punitive damages. Understanding these categories can help you navigate the legal process and ensure you receive the compensation you deserve.
Economic Damages
Economic damages are intended to cover the financial losses you incur as a result of your injury. These damages are quantifiable and can include:
1. Medical Expenses
Medical expenses encompass the cost of medical care related to your injury, both past and future. This includes hospital bills, doctor visits, surgeries, medication, physical therapy, and any other healthcare services necessary for your recovery.
2. Lost Wages
If your injury prevents you from working, you can claim compensation for lost wages. This covers the income you would have earned had you not been injured. Additionally, if your injury affects your ability to work in the future, you may also be entitled to compensation for lost earning capacity.
3. Property Damage
If your personal property was damaged in the incident that caused your injury, such as in a car accident, you can seek reimbursement for repair or replacement costs.
4. Out-of-Pocket Expenses
Any other expenses directly related to your injury can be included in economic damages. This can cover costs like durable medical equipment, home modifications, or hiring help for tasks you can no longer perform.
Non-Economic Damages
Non-economic damages compensate for the intangible losses that result from an injury. These damages are more subjective and can be harder to quantify but are just as important. They include:
1. Pain and Suffering
Pain and suffering cover the physical pain and emotional distress caused by your injury. This can include ongoing discomfort, chronic pain, and the psychological impact of the injury.
2. Mental Anguish
Mental anguish refers to the emotional trauma and stress resulting from the injury. This can include anxiety, depression, and other emotional difficulties caused by the incident and its aftermath.
3. Loss of Consortium
Loss of consortium compensates for the negative impact the injury has on your relationship with your spouse or family members. This can include loss of companionship, affection, and support.
4. Loss of Enjoyment of Life
If your injury prevents you from enjoying activities and hobbies you once loved, you may be entitled to compensation for this loss. This recognizes the diminished quality of life resulting from your injury.
Punitive Damages
Unlike economic and non-economic damages, punitive damages are not intended to compensate the victim for their losses. Instead, they are designed to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future.
When Are Punitive Damages Awarded?
In Texas, punitive damages are only awarded in cases where the defendant’s conduct was especially malicious, fraudulent, or grossly negligent. To receive punitive damages, the plaintiff must provide clear and convincing evidence of the defendant’s wrongful behavior.
Limits on Punitive Damages
Texas law imposes caps on punitive damages to prevent excessive awards. The amount of punitive damages is limited to the greater of:
$200,000, or Twice the amount of economic damages plus an equal amount of non-economic damages, not to exceed $750,000.
Recovering from a personal injury can be a long and challenging process, but understanding the types of damages available can help you get the compensation you deserve. In Texas, you can seek economic damages for your financial losses, non-economic damages for your intangible suffering, and, in certain cases, punitive damages to punish and deter egregious conduct. If you find yourself in such a situation, consulting with a knowledgeable personal injury attorney can provide the guidance you need to navigate your claim and maximize your recovery. At The Low Law Firm, we offer free consultations to review your personal injury case with you and discuss all of your available remedies. If you have been injured call The Low Law Firm in Abilene, Texas at (325) 455-1889.
