If you’ve been injured because of someone else’s negligence, you may be entitled to compensation through a personal injury case. In Texas, many people have questions about what types of damages they could recover and how the process works.
Our dedicated personal injury lawyers have outlined the different categories of damages to help clients understand which ones might apply to their particular case.
Damages in a Texas Personal Injury Case
There are two main types of damages in a personal injury case: compensatory and punitive damages.
Compensatory damages compensate the victim for their losses due to the incident and resulting injury.
Punitive damages are intended to punish the defendant for reckless, negligent, or malicious conduct.
Virtually all personal injury awards will include compensatory damages. Punitive damages, however, are not as common.
Understanding Compensatory Damages
The state of Texas breaks compensatory damages down into two categories: economic (special) and non-economic (general).
Economic Damages and Special Damages
After an accident, you may have medical expenses, loss of income (depending on the severity of the injury), and damage to personal items, such as your car. Economic damages refer to damages where loss can be quantified. These include:
- Medical expenses, both present and future
- Repair or replacement of lost property, such as a totaled car
- Lost wages
- Loss of earning capacity
- Loss of irreplaceable items, such as family heirlooms
How Are Economic Damages Calculated?
Economic damages are calculated based on the exact dollar amount of the items damaged or lost in the accident. For example, an individual who has their car totaled can claim the full value of their vehicle at the time of the accident, which can be verified and presented to the court. However, calculations for economic damages involving future medical expenses and future loss of wages can be more complex. Having an experienced personal injury attorney on your side will ensure that you can accurately calculate these damages.
Non-Economic Damages and General Damages
Non-economic damages, also known as general damages, refer to compensation that covers the physical, mental, and emotional pain tied to a person’s injuries. Because this pain cannot be quantified, calculating its value can be more difficult.
Texas state law allows personal injury victims to pursue compensation for the following:
- Physical pain and suffering
- Disfigurement
- Any kind of physical impairment resulting from the accident
- Mental anguish
- Loss of companionship (in cases of wrongful death)
- Lowered quality of life
How Are Non-Economic Damages Calculated?
When determining non-economic damages, the courts will often assign their own dollar amount to each injury, as there is no specific, quantifiable value. For damages such as mental anguish or the loss of companionship, the amount will vary depending on the factors of that individual case.
For example, accidents involving more severe injuries, such as an employee losing a limb in a workplace accident, may result in higher awards for mental anguish than cases involving less serious injuries, such as a broken arm from a slip-and-fall accident.
Other factors that may affect the amount of compensation for non-economic damages are:
- The skill of the attorneys
- Sensitivities of the injury
- The circumstances surrounding the accident and injury
Understanding Punitive Damages
Punitive damages, also known as exemplary damages, may be awarded on top of compensatory damages when the defendant’s actions were especially careless or intentional. These damages are meant to punish the defendant and discourage similar behavior in the future.
What About Damages for Emotional Distress?
Damages for emotional distress fall under the broader category of pain and suffering. These are considered non-economic damages because they do not have a fixed monetary value and are based on the emotional and psychological impact of the injury.
In Texas, victims can seek compensation for both economic and non-economic damages. To receive damages for emotional distress, however, the victim must show that the accident caused them genuine emotional or psychological harm, either in the past or ongoing.
Types of Accidents That Often Cause Emotional Trauma
Emotional distress can disrupt a person’s emotional stability and sense of security following a traumatic event, such as:
Emotional Trauma Lawsuits
You do not need a formal medical diagnosis to seek compensation for mental anguish. However, you must be able to prove that the accident was caused by another party’s negligence and that it resulted in emotional distress. Examples of emotional distress that may qualify for compensation include:
- Fear
- Humiliation
- Panic
- Anxiety
- Depression
- Loss of enjoyment of life
How To Prove Emotional Distress in a Dallas Personal Injury Case
To recover emotional damages, the plaintiff must provide evidence that the accident caused them to suffer mental anguish. This evidence must be clear enough to show that the claim is more likely true than not. Examples of evidence that may support an emotional distress claim include:
- Medical and therapy records
- An official medical diagnosis of depression or post-traumatic stress disorder
- Statements from the victim, their friends, or family as to the change in the plaintiff’s behavior after the accident
- Expert testimony from doctors or a psychologist
- The victim’s injury journal
- Photographs showing the injury or disfigurement caused by the accident
Contact Hernandez Law Group, P.C. for Guidance
If you have suffered a serious injury due to the negligence of another person or organization, you may be entitled to compensation. While no amount of money can fully undo the suffering you’ve experienced, compensation can help ease financial burdens and support you as you move forward.
To maximize your chances of winning your case, it’s essential to have a skilled personal injury attorney representing you. The experienced lawyers at Hernandez Law Group, P.C. will fight tirelessly on your behalf and ensure your voice is heard.
Juan Hernandez is a Texas board-certified attorney in personal injury law—a distinction held by only 2% of Texas attorneys. Partner with proven advocates and contact us today to protect your rights and your future.