If you were injured because of someone else's negligence, it's important to understand the types of damages you may be entitled to in a Texas personal injury case. An experienced Texas car accident attorney can help you evaluate your losses and navigate the legal process.
For many injury victims, the financial toll begins the moment they enter the emergency room. An ER visit alone may cost thousands of dollars, and does not include follow-up treatment, surgical procedures, or the income lost during your recovery. These costs, combined with physical pain and disruptions to your daily life, can create lasting challenges.
Under Texas law, injury victims can pursue compensation that accounts for both economic and non-economic losses. If you have questions about your legal options following an accident, the attorneys at AP Law Group are here to help.
Contact our Houston office at (713) 913-4627 to schedule a free consultation and learn more about how we can assist you.
Understanding the Categories of Personal Injury Damages in Texas
In a Texas personal injury case, the amount of money awarded is not chosen at random. It is carefully calculated to help return the injured person to the financial position they were in before the accident. To do this, the law separates damages into categories, with each one designed to address a specific type of loss.
The two main categories are economic damages and non-economic damages. In certain cases, a third category, known as exemplary or punitive damages, may apply. These are used when the other party’s actions were especially reckless.
A skilled Texas personal injury lawyer can review your case and determine which types of damages should be included in your claim. These categories are defined by the Texas Civil Practice and Remedies Code, the state’s guide for personal injury claims.
Economic Damages in Texas Personal Injury Claims
Economic damages are based on actual financial losses. These include medical bills, missed paychecks, and other out-of-pocket expenses caused by your injury.
They are supported by documentation such as receipts, invoices, and wage records. This part of a personal injury claim focuses on making sure that every dollar spent or lost due to the accident is counted.
Medical Expenses in Texas Injury Cases: Present and Future
Medical expenses often make up the largest part of an economic damages claim. This category covers more than the bills you have already received. It also includes the full range of care you may need in the future.
Examples of covered medical expenses include:
- Emergency care, such as ambulance services and hospital treatment
- Surgery-related costs, including the surgeon’s fee, anesthesia, and hospital stay
- Ongoing care, like follow-up appointments with doctors and specialists
- Rehabilitation, including physical or occupational therapy to support your recovery
If your condition is long-term, your future medical needs should be included in the calculation. For instance, someone with a spinal cord injury may require ongoing treatment, medical equipment, or personal assistance.
Experts such as doctors and financial professionals often provide estimates of these future costs. National resources like the Healthcare Cost and Utilization Project (HCUP) offer reliable data to show how expensive medical care can be, which helps support these estimates.
Recovering Lost Wages and Diminished Earning Capacity
An injury does more than create medical bills. It can also keep you from working. Time away from your job due to recovery is considered a direct financial loss. This is called lost wages and is typically based on your usual pay and how long you were unable to work.
In more serious cases, an injury may limit your ability to earn a living in the future. This is known as reduced earning capacity. It applies when your injury forces you to change careers or accept a lower-paying job.
For example, if a construction worker in Houston hurts their back and cannot return to physically demanding work, they might need to take an office job with a lower salary. The difference in pay over time can be calculated and included in the claim.
Vocational experts may be brought in to explain what types of work the injured person can still do. Economists often help estimate the long-term financial impact of the career change.
Additional Out-of-Pocket Costs You Can Claim
In addition to lost wages and medical bills, a serious injury often brings other unexpected costs. These are the types of expenses that would not have happened if the accident had not occurred.
Some common examples include:
- Prescription drugs and medical supplies
- Changes to your home or vehicle to make them accessible, such as ramps or hand controls
- Travel costs for doctor visits and medical treatment
- Help with daily tasks like cleaning, cooking, or personal care
It is important to keep track of every expense related to your injury. Every receipt and record helps prove how much the accident has cost you and can make a big difference when your personal injury lawyer builds your claim.
Non-Economic Damages for Pain, Suffering, and Quality of Life
While economic damages cover the financial costs, non-economic damages address the intangible, human losses. These damages compensate you for the ways the injury has affected your quality of life. Because there is no bill or receipt for pain, Texas law allows a jury to determine a fair value for this suffering.
Pain and Suffering Compensation in Texas Personal Injury Law
This is the most well-known type of non-economic damage. It encompasses the physical pain of the injury itself, the discomfort of recovery and rehabilitation, and the emotional and psychological toll.
The emotional distress component can include feelings of anxiety, depression, fear, frustration, and sleep disturbances that often accompany a serious injury and the disruption it causes. For someone injured in a violent truck accident on I-10, this might manifest as a persistent fear of driving or being near large vehicles.
Mental Anguish: Damages for Severe Emotional Trauma
Mental anguish is a distinct form of emotional distress that relates to a higher degree of suffering. It often applies in cases involving a particularly traumatic event or a catastrophic injury.
It recognizes the profound psychological impact of coping with a life-altering situation, such as learning you will never walk again or dealing with the trauma of a loved one's wrongful death.
Loss of Enjoyment of Life and Physical Limitations
Physical impairment, also known as loss of enjoyment of life, compensates an individual for the loss of their ability to participate in activities they once loved. The law recognizes that a person's life is more than just their ability to work.
If an avid runner can no longer run because of a severe leg injury, or a grandparent can no longer lift their grandchild due to a back injury, they have suffered a real loss. This category compensates for the loss of ability to enjoy meaningful activities and experiences.
Disfigurement Damages for Permanent Physical Changes
When an accident results in permanent scarring, amputation, or other noticeable changes to a person’s appearance, they may be eligible to pursue compensation for disfigurement.
This type of damage recognizes the emotional and social challenges that often come with living with a lasting physical change, especially in cases involving facial injuries or severe burns. It is meant to address the distress, including feelings of embarrassment or loss of confidence, that can arise from a visibly altered appearance.
What Are Exemplary Damages in a Texas Injury Case?
In some Texas personal injury cases, a third type of compensation may be available, known as exemplary damages. Also called punitive damages, these are not meant to repay the injured person for their direct losses. Instead, they are awarded to penalize the wrongdoer and to discourage similar behavior in the future.
According to Chapter 41 of the Texas Civil Practice and Remedies Code, a person may recover exemplary damages only if they can show, through clear and convincing evidence, that the harm was caused by fraud, malice, or gross negligence.
- Malice means the defendant acted with the specific intent to cause serious injury or harm.
- Gross negligence refers to conduct that carries a high risk of danger to others and reflects a complete disregard for their safety or well-being. The law requires proof that the defendant understood the risk and still chose to act without concern for the outcome.
One common example of a situation where exemplary damages may apply involves a drunk driving accident. A person who drives while highly intoxicated, knowing the risks, may be seen as acting with gross negligence.
Their actions are dangerous and reflect a disregard for the safety of others on the road. In these situations, data from the National Highway Traffic Safety Administration (NHTSA) can be used to show that the risks of impaired driving are well known and widely recognized.
Texas Personal Injury Damage Caps and Legal Limits
Texas law places certain restrictions on the amount of money that can be recovered in specific types of personal injury claims. While most standard claims, such as car accidents or slip and fall incidents, do not include limits on economic or non-economic damages, there are two significant exceptions:
- Claims against a government agency fall under the Texas Tort Claims Act, which sets strict limits on the amount a person may recover.
- Medical malpractice claims are also subject to specific limits, particularly for non-economic damages. Since AP Law Group does not handle medical malpractice cases, these limits are rarely relevant to our clients.
For exemplary damages, Texas law limits the amount a person can recover. The cap is whichever is greater between the following:
- Twice the amount of economic damages, plus an amount equal to the non-economic damages found by the jury (not to exceed $750,000), or
- A fixed amount of $200,000.
These rules are in place to keep awards fair and balanced, especially in cases where the goal is to hold the defendant accountable for harmful behavior.
FAQs for Texas Personal Injury Lawyers
How does a jury decide the value of my pain and suffering in Houston?
Juries consider several factors, including the severity and duration of the injury, the testimony of you and your doctors, and the impact the injury has had on your daily life. They use their collective judgment and life experience to assign a monetary value to these intangible but very real human losses.
Can I still claim lost wages if I use my sick days or vacation time?
Yes. You may still be able to seek recovery for lost wages. The time you were forced to use from your paid time off is a benefit you earned and had to expend because of the injury. That time is a loss that can be included as part of your damages claim.
What is the difference between physical impairment and pain and suffering?
Pain and suffering relates to the physical and emotional discomfort caused by your injury. Physical impairment focuses on the loss of your ability to take part in everyday activities, hobbies, or routines that you previously enjoyed.
Is it harder to get exemplary damages in Texas than other damages?
Yes. The legal standard for exemplary damages is clear and convincing evidence, which is a much higher burden of proof than the preponderance of the evidence standard used for economic and non-economic damages. This means the evidence must show that the defendant's conduct was highly probable to be fraudulent, malicious, or grossly negligent.
If the other driver was uninsured, can I still recover any damages in Texas?
Possibly. If your auto insurance includes Uninsured/Underinsured Motorist (UM/UIM) coverage, that policy may help pay for your injuries. This coverage can apply when the other driver has no insurance or does not have enough to cover your losses.
Start Your Texas Personal Injury Claim with Help from AP Law Group
In a Texas personal injury case, damages are not awarded by chance. They are based on the actual costs of what has been lost, including medical care, lost income, physical pain, and the impact on daily life. Building a strong case involves carefully documenting these losses and showing how they have affected you.
This process often includes reviewing medical records, organizing receipts, and consulting with experts who can help estimate future needs. A knowledgeable legal team will manage these details so you can concentrate on your recovery.
At AP Law Group, an experienced Texas personal injury lawyer is here to help you understand your rights and consider your legal options. To schedule a free and confidential consultation, contact our Houston office at (713) 913-4627.