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Personal injury damages fall into two categories:

Compensatory damages – These are damages that are intended to compensate the injured plaintiff for measurable losses suffered due to an accident or injury. Compensatory damages are further broken down into economic damages, those that have intrinsic monetary value like medical bills and lost wages, and non-economic damages, those that have no clear monetary value but can be quantified in an effort to make the plaintiff whole (i.e. pain and suffering, loss of consortium, emotional distress).

Punitive damages – These are 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.

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 have 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 damaged 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 your 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.

Economic damages are losses that have an intrinsic monetary value. The two most common examples of economic damages sought in a personal injury case are medical expenses and lost wages.

When seeking medical expenses following a personal injury accident, you are entitled to reimbursement for procedures and services, including:

• Doctor visits
• Hospital stays
• Emergency room treatment
• Ambulance fees
• Nursing services
• Medication costs
• MRIs, x-rays, and other scans
• Surgery
• Rehabilitation and physical therapy

Lost wages represent the amount of money you would have earned from the time of an injury to the date of settlement. You can also recover loss of earning capacity if you have sustained a long-term disability and will be unable to make as much money as you did before your accident as well as damages for lost opportunities such as an interview or promotion you missed out on while you were recovering.

Aside from basic wage calculations (how much direct pay you lost), you are also able to claim:

• Money that reflects a promotion or wage increase provided you were due for a wage increase or promotion while out of work.
• Loss of commissions on sales.
• Bonuses that you were paid in the past and were on track to receive prior to your injury.
• Loss of fringe benefits.
• Loss of pension benefits.

Non-economic damages are those that do not have a clear monetary value connected to them. As such, they can be difficult to quantify, and it can be even more difficult to demonstrate their determined value of the damages to a jury.

When seeking non-economic damages, you may pursue the following:

• Pain and suffering – If your 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.

There is a final type of damage a jury may award you, provided your case meets strict criteria. These are known as punitive damages.

Punitive damages are different from compensatory damages in that they are not meant to give a plaintiff back something that was lost. They are meant to punish the defendant for conduct that was especially reckless or malicious and demonstrate to society that the conduct displayed by the defendant will not be tolerated.

In order for punitive damages to be awarded, there must first be actual damages. Actual damages are thing s like medical bills, pain and suffering, mental anguish, and loss of wages. Without actual damages, punitive damages cannot occur.

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 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.