What Damages Can Be Recovered in a Personal Injury Lawsuit in Texas?

When you’ve been injured due to someone else’s negligence in Texas, you have the right to seek compensation for your losses through a personal injury lawsuit. Understanding the types of damages you can recover is crucial for maximizing your compensation and rebuilding your life. This article provides a comprehensive overview of the damages that can be recovered in a personal injury lawsuit in Texas, helping you navigate the legal process effectively.

Understanding Damages in Personal Injury Lawsuits

In personal injury law, damages refer to the monetary compensation awarded to a plaintiff (the injured party) to compensate them for the losses they’ve suffered as a result of the defendant’s (the responsible party) negligence. The goal of damages is to make the plaintiff whole again, as much as possible, by providing financial resources to cover their losses.

Texas law recognizes several types of damages that can be recovered in a personal injury lawsuit, depending on the specific circumstances of the case.

Types of Damages Recoverable in Texas Personal Injury Lawsuits

1. Medical Expenses

Medical expenses are a primary component of damages in a personal injury lawsuit. You can recover compensation for all reasonable and necessary medical expenses related to your injuries, including:

• Past Medical Expenses: Expenses you’ve already incurred for medical treatment, such as hospital bills, doctor’s visits, physical therapy, and prescription medications.
• Future Medical Expenses: Expenses you’re reasonably certain to incur in the future for ongoing medical care, such as physical therapy, rehabilitation, and prescription medications.

To recover medical expenses, you must provide evidence that the treatment was reasonable and necessary and that the expenses were related to your injuries.

2. Lost Wages

If you’ve been unable to work due to your injuries, you can recover compensation for lost wages. This includes:

• Past Lost Wages: Wages you’ve already lost due to time off work.
• Future Lost Wages: Wages you’re reasonably certain to lose in the future due to your inability to return to work or reduced earning capacity.

To recover lost wages, you must provide evidence of your earnings history and the extent of your disability.

3. Pain and Suffering

Pain and suffering refers to the physical pain and emotional distress you’ve experienced as a result of your injuries. This can include:

• Physical Pain: The discomfort, aches, and limitations you’ve experienced due to your injuries.
• Emotional Distress: The anxiety, depression, and emotional trauma you’ve suffered as a result of the accident.

Calculating pain and suffering can be challenging, as it’s a subjective measure. However, attorneys often use methods such as the multiplier method or per diem method to estimate the value of your pain and suffering.

4. Mental Anguish

Mental anguish is similar to pain and suffering but focuses more on the emotional and psychological impact of your injuries. This can include:

• Anxiety: Feelings of worry, nervousness, or unease.
• Depression: Persistent feelings of sadness, hopelessness, or loss of interest in activities.
• Post-Traumatic Stress Disorder (PTSD): A mental health condition triggered by a traumatic event.

To recover mental anguish damages, you must provide evidence of the emotional and psychological impact of your injuries.

5. Property Damage

If your vehicle or other property was damaged in the accident, you can recover compensation for the cost of repairs or replacement. This includes:

• Vehicle Repairs: The cost to repair your damaged vehicle.
• Vehicle Replacement: The fair market value of your vehicle if it’s totaled.
• Other Property Damage: The cost to repair or replace any other property damaged in the accident, such as personal belongings or clothing.

6. Loss of Consortium

Loss of consortium refers to the loss of companionship, affection, and sexual relations suffered by a spouse as a result of their partner’s injuries. This type of damage is typically recovered by the injured person’s spouse, rather than the injured person themselves.

7. Disfigurement

If your injuries have resulted in disfigurement, such as scarring or amputation, you can recover compensation for the physical and emotional impact of the disfigurement. This can include:

• Medical Expenses: The cost of reconstructive surgery or other medical treatments to address the disfigurement.
• Emotional Distress: The emotional distress and psychological impact of the disfigurement.

8. Physical Impairment

Physical impairment refers to the loss of physical function or ability as a result of your injuries. This can include:

• Loss of Mobility: Difficulty walking, standing, or performing other physical activities.
• Loss of Strength: Weakness or loss of strength in your limbs or other body parts.
• Loss of Sensation: Numbness, tingling, or loss of sensation in your limbs or other body parts.

9. Punitive Damages

In some cases, you may be able to recover punitive damages in addition to compensatory damages. Punitive damages are awarded to punish the defendant for egregious conduct, such as intentional or reckless behavior.

Punitive damages are typically only awarded in cases where the defendant’s conduct was particularly egregious.

10. Wrongful Death Damages

If a loved one has died as a result of someone else’s negligence, you may be able to recover wrongful death damages. These damages are intended to compensate the surviving family members for their losses, including:

• Loss of Companionship: The loss of love, affection, and companionship.
• Loss of Financial Support: The loss of financial support provided by the deceased.
• Funeral Expenses: The cost of funeral and burial expenses.

Factors Affecting the Amount of Damages Recovered

Several factors can affect the amount of damages you can recover in a personal injury lawsuit, including:

• Severity of Your Injuries: More severe injuries typically result in higher damages.
• Evidence of Negligence: The strength of the evidence supporting your claim that the defendant was negligent.
• Insurance Coverage: The amount of insurance coverage available to compensate for your losses.
• Venue: The location where your case is filed can affect the outcome.

In Texas, a variety of damages can be recovered in a personal injury lawsuit, ranging from medical expenses and lost wages to pain and suffering and punitive damages. Understanding the types of damages you can recover is crucial for maximizing your compensation and rebuilding your life. By working with an experienced personal injury attorney, you can ensure that all relevant damages are considered and that you receive the compensation you deserve.

Get Help From an Experienced Personal Injury Lawyer in Texas

An experienced personal injury attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.