How Are Damages Calculated in Personal Injury Cases in Texas?
In Texas, there is no set formula for determining the damages owed in a personal injury lawsuit. Rather, the amount awarded to a plaintiff is determined by the jury. This is why it is important you have an experienced attorney with the resources and knowledge to accurately quantify and explain the extent of your injuries.
What Kinds of Damages Can Be Sought in a Personal Injury Lawsuit?
Personal injury damages fall into to categories:
- Compensatory – damages that are intended to compensate the injured plaintiff for measurable losses suffered due to an accident or injury.
- Punitive – extra damages that are meant to punish a defendant for especially egregious or careless behavior while also serving as a deterrent to society at large.
The vast majority of personal injury claims will deal solely with compensatory damages as the plaintiff attempts to recover what they have lost. Some of these damages are easy to put a dollar amount on, such as medical bills and lost wages, but other “non-economic” damages are much more difficult to quantify.
A skilled attorney will be able to demonstrate the extent of any non-economic losses and demonstrate the value of those losses to a jury.
What are the Most Common Types of Damages Recovered in Personal Injury Lawsuit?
Among the most common damages recovered in personal injury lawsuits are:
- Lost wages – You may be entitled to compensation for the impact an accident or injury has had on your salary or wages. This includes wages lost due to time spent in the hospital, rehabilitation, or the loss of a job due to disability.
- Loss of earning capacity – Similar to lost wages, loss of earning capacity seeks to recover income that has been lost due to an accident or injury; however, whereas lost wages is focused on salary or wages that has already been lost, loss of earning capacity seeks damages based on future income.
- Medical treatment – Damages almost always include the cost of medical care associated with an accident or injury. Damages can include reimbursement for treatment you have already received as well as compensation for the estimated cost of medical care you will need in the future.
- Property loss – If any of your property was damages or lost as a result of a personal injury accident, your attorney will seek reimbursement for repairs or compensation based on the fair market value of any property that was lost.
- Pain and suffering – If you injury has resulted in pain or serious discomfort, you may be entitled to pain and suffering damages. This can include pain experienced when an injury was caused, pain experienced immediately after an injury was caused, and any ongoing pain that can be attributed to the injury or accident.
- Loss of enjoyment – These damages attempt to quantify loss of enjoyment in day-to-day pursuits like hobbies, exercise, and other recreational activities.
- Emotional distress – Not all injuries are physical. If your accident or injury has had a psychological impact and has resulted in things like anxiety, depression, or sleep loss, you may be entitled to emotional distress damages.
- Loss of consortium – Typically applied to wrongful death lawsuits, loss of consortium damages can also be sought when a severe injury has resulted in a loss of companionship or an inability to maintain a sexual relationship with a spouse. Children may also sue for loss of consortium if the injuries have significantly hampered the victim’s ability to provide care, nurturing, or comfort.
How Will an Experienced Injury Attorney Pursue My Claim?
In order to win your personal injury claim, your attorney will need to develop your case in a way that accurately demonstrates any economic and non-economic damages you have incurred. This will require legal expertise, financial resources, and a knowledgeable support staff.
Thomas J. Henry has the legal and financial resources necessary to properly develop and handle your case in the most effective and efficient way possible. Client satisfaction is paramount, and our attorneys make sure every client is treated with respect, is kept informed with the most up-to-date information on their case, and is made comfortable throughout the entire legal process as we work to secure the compensation they deserve.
We are constantly exploring and implementing new and innovative solutions in the areas of case management, client interaction, and information security. Through satellite technologies, live streaming, and jet services, our lawyers are accessible to clients from anywhere in the world. Can’t make it to one of our Texas law offices? No worries — our lawyers can come to you at your home, workplace, or hospital. Case files and information can also be accessed at the click of a mouse, allowing information to be expedited between our team and to other legal professionals.
In personal injury cases, it can be extremely important to retain expert witnesses with specialized knowledge on a subject related to the case. Thomas J. Henry has spent years finding the best expert witnesses across the United States. Our firm retains the most qualified experts for each individual case, from accident reconstruction experts to medical professionals. Every expert undergoes a rigorous and in-depth examination process before ever being involved in a client’s case.
Thomas J. Henry Personal Injury Attorneys
Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas, and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.
If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.