If you have been injured in an accident caused by another person or entity in Texas, you may have a personal injury claim. Damages, or losses stemming from the accident, are the core of any personal injury claim. The overarching purpose of damages is to make the injured victim “whole” again by reimbursing them for their losses to the extent the law allows. Depending on the unique circumstances of each case, an injury victim may be entitled to varying types of damages.
Texas follows the legal doctrine that places caps or limits on certain damages in personal injury claims. It is important for injury victims to understand what damages may be capped and how that will impact their potential recovery. Working with an experienced personal injury lawyer in Katy TX can help maximize your rightful compensation.
Economic Damages
Economic damages are intended to compensate the plaintiff for their quantifiable financial losses due to the injury. Standard types of economic damages in personal injury cases include:
Medical expenses
This covers the cost of medical treatment that has already been obtained for the injury as well as the estimated cost of care that will be required in the future. It includes expenses like hospital and doctor bills, ambulance fees, prescription medications, physical therapy, in-home nursing care, assistive devices like wheelchairs or crutches, and any other healthcare services needed because of the injury.
To prove these damages, the plaintiff needs evidence like billing records, receipts, and testimony from doctors and healthcare experts. The defense may argue that certain treatment was unnecessary or unreasonable. Experienced attorneys know how to demonstrate the injury warranted the treatment.
Lost income
If the injury prevented the plaintiff from working for a period of time, they can claim the wages they would have earned had they not been injured. This is typically calculated based on work history and pay stubs showing their earnings at the time.
Loss of future earning capacity
Even after recovery, some injuries will leave the plaintiff unable to earn the same income they could prior to the injury. Vocational experts can assess how the injury impacts their ability to work and provide an estimate of future earning capacity. The plaintiff’s age, education, qualifications, and average career earnings potential are considered.
Property loss
If any personal property like the plaintiff’s vehicle, clothing, glasses, cell phone, or other belongings were damaged or destroyed in the accident, the plaintiff can claim those losses. Receipts, photographs, repair estimates, and other documentation must establish the extent of property damage.
Cost of obtaining domestic services
If the injury left the plaintiff unable to care for their home or family as they did prior, they can claim the reasonable cost of hiring necessary domestic services like house cleaning, yard maintenance, childcare, transportation for family members, and more. Keeping a record of the hours of services needed bolsters the claim.
The defense may try to argue that the plaintiff failed to mitigate damages or minimize losses. But as long as the plaintiff took reasonable steps to obtain necessary services and treatment, the damages can still be claimed.
Non-Economic Damages
Non-economic damages are intended to compensate for losses that cannot be easily quantified. There is necessarily some inherent subjectivity in placing a monetary value on these types of harms. Still, injured victims deserve to be compensated for their pain and suffering. Common non-economic damages include:
Pain and suffering
This covers any physical pain and mental or emotional distress suffered by the plaintiff due to the injury. It includes pain experienced during medical procedures and treatment in addition to lingering pain from the injury itself. Awards tend to increase with the severity of the injury.
Disfigurement
If the injury caused scarring, disfigurement, or impairment of a body part, the plaintiff can recover damages. Severe burns, traumatic amputations, and injuries causing paralysis typically result in substantial awards. The visibility and permanence of scarring is also considered.
Physical impairment
Damages for physical impairment compensate the plaintiff for reduced mobility, strength, range of motion, stamina, and ability to engage in normal daily activities. Plaintiffs may need continuing medical care and assistive devices.
Mental anguish
Beyond pain and suffering, this covers specific psychiatric disorders like depression, anxiety, post-traumatic stress disorder, and emotional distress arising from the accident. The plaintiff’s mental health treatment history and expert testimony from psychologists and psychiatrists can substantiate the claim.
Loss of consortium
The spouse of an injured plaintiff can recover damages for losing the affection, companionship, and ability to engage in family activities with their spouse due to the injuries. This loss of the relationship’s intangible benefits justifies compensation.
Punitive Damages
Punitive or exemplary damages serve to punish the defendant for especially reprehensible conduct and deter similar actions in the future. They are only awarded in cases where the defendant acted maliciously, recklessly, or with gross negligence that shows a disregard for public safety. Punitive awards are relatively rare in personal injury cases. But victims of drunk driving crashes or serious accidents caused by defective products may pursue them.
In Texas, there is a cap of $750,000 or twice the amount of economic damages plus non-economic damages found by the jury, whichever is greater, for punitive damages. There are exceptions if the defendant’s misconduct was motivated by bias or prejudice. An experienced Katy personal injury attorney can advise if punitive damages may be warranted in your case.
Proving Damages
Proving the types and amounts of damages you are entitled to recover requires quality documentation and effective presentation of evidence. Your personal injury lawyer will gather medical records, billing statements, pay stubs, tax returns, property valuations, vocational assessments, and other pertinent documentation. Expert witness testimony from doctors, vocational experts, and accident scene analysts also lends credibility to damage claims.
Karns & Karns has handled a wide array of serious injury cases and we have the resources and knowledge to prove all damages suffered. If you have been injured in an accident caused by someone else’s negligence in Texas, call 800-4THE-WIN (800-484-3946) for a free case review. An attorney can examine the merits of your potential claim and provide guidance on maximizing your recovery so you can secure the maximum compensation you are rightfully owed. With compassionate yet aggressive legal representation, we can help you recover and rebuild after suffering losses in an accident.
