Personal injury damages are money for losses when you are hurt by someone else’s negligence. These include economic and non-economic damages, and sometimes punitive damages. Below, we help you understand what you may be able to recover in your case.
The Purpose of Personal Injury Damages
The purpose of personal injury damages is to help cover your money losses and suffering after an accident and to make you as whole as possible. The at-fault party is usually responsible for paying for losses caused by careless or reckless actions. Texas law explains who can recover damages and what types they can seek, under Texas Civil Practice and Remedies Code § 41.001.
During a case, a lawyer can help show the other party is responsible and negotiate for fair compensation so you are not left paying for your losses. They can also explain whether any state limits apply to the amount of money you can recover.
Economic Damages in Personal Injury Cases
In a personal injury settlement, economic damages often account for the largest portion. This form of compensation provides for losses that have a financial value.
To determine how much may be recovered, these losses are added together to determine how much they are worth. If ongoing or permanent care is required, then future costs may also be included in the value of a settlement. Thorough documentation is essential to accurately calculate the value of your monetary losses.
Economic damages often make up the largest part of a personal injury settlement.
Let’s take a closer look at what economic damages can cover.
Medical Costs
Economic damages help cover the cost of your medical care after an accident. This can include emergency care, tests, ongoing treatment, surgery, rehab, medication, medical equipment, and changes to your home or vehicle. In some cases, travel costs to medical appointments may also be included.
It is important to keep detailed records of your condition and save all medical bills and documents. Insurance adjusters and lawyers use this information to figure out the full cost of your medical care.
Lost Wages
Injuries can make it hard for you to work after an accident. This may be short-term while you recover, or it may be permanent if you can no longer work, leading to lost earning ability. Either way, not being able to work means you lose income, and economic damages can help replace some of your lost wages.
For people injured due to criminal activity, Texas also has a program that may help cover lost wages for victims, which can be used along with economic damages.
Property Damage
Property damage is another loss that may be covered in a personal injury case. This can include damage to vehicles, property, or personal belongings. Compensation may help pay for repairs or replacement, lost value, or not being able to use your property for a period of time.
It is important to take photos of the damage and keep any repair estimates or records of value during your case.
Non-Economic Damages in Personal Injury Cases
Unlike economic damages, non-economic damages cover losses that are not tied to bills or receipts, such as pain and suffering. This type of compensation is more subjective, so it is important to document how your injuries have affected your life.
Journals, mental health records, and statements from family and friends can help show this impact. Because non-economic damages do not have a set dollar amount, methods like a multiplier or per diem formula may be used to estimate their value.
Here’s a breakdown of what may be covered under these damages:
Pain and Suffering
The injuries and trauma you suffer during an accident can have effects beyond physical and financial losses. Pain and suffering are common after an accident, and Texas law allows victims to seek compensation to help ease these effects on their lives.
These losses can include physical pain, disfigurement, and disability, as well as emotional suffering such as PTSD, anxiety, and depression.
Pain and suffering can include physical pain, disfigurement, disability, and emotional distress like PTSD, anxiety, and depression.
Reduced Quality of Life
Accidents can lower a person’s quality of life, either for a short time or permanently. This may include not being able to enjoy activities and relationships as before, less comfort, and physical, emotional, or mental conditions that affect daily life.
A lower quality of life can affect many parts of your life and put stress on your relationships. Non-economic damages can help cover these losses and may pay for therapy or other support to improve your situation.
Loss of Companionship
If you or a loved one has suffered a serious injury in an accident, it can change your family relationships. For spouses, this may mean less closeness or companionship. For children, it may mean less time or connection with a parent.
A disability or wrongful death can also reduce support and change family life in a major way. To show loss of companionship in a case, keep journals about how these changes affect your daily life.
Punitive Damages and When They Apply
Punitive damages are a special type of compensation used to punish at-fault parties who acted in a very careless, reckless, or violent way and caused serious or lasting harm. These damages are meant to stop the person from doing the same thing again in the future.
If punitive damages apply, victims can recover this money in addition to economic and non-economic damages. To recover them, you and your lawyer must clearly show the other party’s serious wrongdoing and prove their involvement.
Seek Legal Representation to Secure Maximum Compensation
Recoverable damages in a personal injury case vary from person-to-person. The severity of a victim’s injuries, the overall extent of their losses, and other variables can make a difference in what a person can recover and how much their settlement may be worth. Contact Liggett Law Group to learn more about what damages you may be able to retrieve in your personal injury case.