What Types of Damages Can You Recover in a Texas Personal Injury Case?

Filing a personal injury claim in Texas can be a complex process, but understanding the types of damages you may be able to recover can assist you in navigating the legal landscape. In Texas, damages in personal injury cases are categorized into two primary types: economic and non-economic damages. Below, we outline these categories and provide insight into the specific types of damages you may claim.

1. Economic Damages

Economic damages are quantifiable losses that have a direct monetary value. These damages provide compensation for the financial impact of the injury on your life. Common types of economic damages include:

• Medical Expenses: This includes all costs related to medical treatment, such as hospital stays, surgeries, prescription medications, rehabilitation, and any necessary medical equipment.
• Lost Wages: If your injuries prevent you from working, you may recover compensation for lost income during your recovery period.
• Loss of Earning Capacity: If your injuries result in a permanent reduction in your ability to earn a living, you may claim damages for your diminished earning capacity.
• Property Damage: If any personal property was damaged during the incident, such as a vehicle in a car accident, you can recover costs associated with repair or replacement.

2. Non-Economic Damages

Non-economic damages are more subjective and refer to the intangible losses suffered by the victim. Due to their nature, these damages can be more challenging to quantify. Common types of non-economic damages include:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
• Emotional Distress: This refers to psychological impact, anxiety, depression, or trauma resulting from the incident.
• Loss of Consortium: A claim for damages by the spouse of an injured person, representing the loss of companionship, affection, and intimacy.
• Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies that brought joy before the injury.

3. Punitive Damages

In certain cases, punitive damages may also be awarded. These damages are not intended to compensate the injured party but to punish the wrongdoer for particularly egregious conduct and to deter similar behavior in the future. In Texas, punitive damages are typically only awarded in cases of gross negligence or intentional wrongdoing.

4. Factors Affecting Damages

The types and amounts of damages that can be recovered depend on various factors, including:

• The severity and permanence of the injuries
• The impact of the injuries on your daily life
• The at-fault party's level of negligence
• The availability of evidence to support your claims

In Texas, personal injury law allows victims to seek compensation tailored to their specific circumstances. If you believe you have a valid personal injury claim, consulting with an experienced attorney can help you determine the types of damages you may be entitled to recover.