Exploring the Different Types of Personal Injury Damages
After suffering an injury because of another party's negligent actions or omissions, it's normal to be concerned about your health, finances, and life after the injury. Suffering an injury is always a painful and devastating experience. This can be even more frustrating when you know it is the result of another party's negligent conduct.
Fortunately, Texas law allows injured people to file personal injury claims and hold those responsible for their injuries accountable. With that in mind, it's important to understand the different damages available in a personal injury claim in Texas.
If you intend to file a claim for damages caused by a personal injury, you need to contact a Dallas personal injury lawyer immediately to find out your options. Read on to learn more about the damages that could be part of your personal injury case.
Most people file personal injury cases to pursue restitution for injuries. If you win, the damages are usually given to you in the form of money. This is called a "settlement." Texas law considers this monetary award an attempt to make you "whole" again.
Most of the time, you can get either compensatory or non-compensatory damages in a personal injury case.
- Compensatory damages. These personal injury damages are designed to compensate personal injury victims for the losses they suffered because of the resulting injuries from the incident.
- Non-compensatory damages. These damages are not awarded to make the victim "whole" again.
In Chapter 41 of the Civil Practice and Remedies Code, there are two types of compensatory damages:
After an accident that results in injuries, you will have medical bills, potentially lost wages (depending on the severity of the injury), and damage to other personal possessions, such as your vehicle. Economic damages are intended to reimburse injured victims for actual monetary losses incurred due to an injury-inducing accident.
In a Dallas personal injury claim, it's easier to figure out how much these personal injury damages cost because the victim has bills, receipts, and other proof of how much they really cost. These include the following:
- Cost of medical care. You can seek and recover the cost of medical treatment that you received as a result of your injury. This can include hospital bills, doctor's visits, and physical therapy. Also, suppose your injury will require ongoing medical treatment; in that case, you may be eligible to recover the cost of that treatment.
- Lost income and benefits. If an injury prevents you from working in the same capacity as before, you may recover the difference in your earning potential. If you cannot return to work altogether, you can pursue compensation for lost economic benefits such as pensions and retirement benefits.
- Property damage. If any of your property, including your phone or car, was damaged in the incident, you may receive compensation for repairing or replacing your damaged property.
- Out-of-pocket expenses. Personal injury victims in Texas may also be able to recover other expenses related to their injury, such as transportation to and from medical appointments.
The types of personal injury damages are intended to compensate personal injury victims for the non-financial consequences of their injury, such as pain and suffering, loss of enjoyment of life, mental anguish, loss of consortium, and disfigurement.
Here are some examples of non-economic damages that you may be able to recover in a personal injury case in Texas:
- Pain and suffering. Injuries and subsequent treatment are often painful for personal injury victims. These damages attempt to help compensate for the physical and emotional pain resulting from the accident.
- Loss of enjoyment of life. If an injury has significantly impacted your ability to engage in activities that you previously enjoyed, you may be able to obtain damages for this loss.
- Loss of consortium. If an injury has impaired your ability to maintain a relationship with your spouse or partner, you could qualify to recover damages for this loss.
- Mental anguish. Includes emotional distress, anxiety, and other mental health issues resulting from an injury.
- Disfigurement. If an injury has caused you to suffer permanent physical scars or disfigurement, you may be able to recover damages for this.
It is important to note that the specific types of non-economic damages that you may be able to recover in personal injury cases in Texas will depend on the specific circumstances of the injury and the impact it has had on your quality of life.
Texas recognizes that a personal injury case can extend past compensatory damages. If a defendant's conduct was egregiously negligent or reckless, you might be able to recover punitive damages in addition to your compensatory damages. Exemplary damages are a punishment to the defendant.
In most personal injury cases in Texas, you have two years from the accident date to file your personal injury claim. Never assume that your claim is "straightforward" or that you will recover a fair settlement. Get accurate facts about your case, including help obtaining expert medical care after a personal injury in Dallas, from The Francis Firm.
At The Francis Firm, we know how hard it can be to simultaneously deal with an injury and legal procedures. Let our Dallas injury lawyers help you obtain the best medical care with no out-of-pocket costs so you can focus on your recovery. We fight aggressively on your behalf to ensure you receive the maximum compensation you're entitled to after an injury.
Michael Francis is an accomplished attorney with over 25 years of personal injury experience. He is skilled in Texas personal injury law and has the resources and legal team you need to recover damages.
Don't endure financial hardships alone. Start your recovery today with Michael Francis at the Francis Firm. We handle claims for injury victims in Dallas, Fort Worth, Southlake, Irving, Bedford, Grapevine, and Keller, as well as other cities in Texas. Call 817-329-9001 or complete the contact form to discuss your damages today.