Consider these questions if you believe you may have grounds for a personal injury claim:
- Have you recently been in a car crash that left you with injuries?
- Did you fall because someone else neglected to clear a hazard and secure their property?
- Have you become ill after coming into contact with harmful substances?
Settlements with the opposing party are possible in some personal injury claims. In other cases, a judge or jury may decide to award monetary damages to the plaintiff. But how are damages defined, and what is the significance of damages in personal injury cases brought in Texas?
Contact a Dallas personal injury attorney if you have questions about filing a claim in Texas. In the meantime, read below to learn more about how damages work in the Lone Star State.
How Are Damages Defined in Texas?
The term “damages” describes monetary losses, which are awarded to victims in personal injury lawsuits.
Moreover, personal injury cases in Texas can award various damages. The concept of damages originates in English Common Law and is predicated on the belief that restitution can be made with monetary compensation.
Furthermore, damages awarded in monetary form can both deter future wrongdoing and compensate victims for their losses. Victims can seek redress through monetary damages when someone else’s negligence causes them harm, and they file a claim for compensation.
Types of Damages Under Personal Injury Claims
There are two basic types of damages recognized in Texas. Economic damages are those that can be measured or quantified, such as the cost of medical care and lost wages suffered by the victim after their accident.
On the other hand, pain, suffering, and emotional distress are examples of non-economic damages, which can be difficult to quantify.
Exemplary or Special Damages in Personal Injury
Special damages can also be awarded in Texas lawsuits. This type of recompense considers each case’s specific circumstances.
For example, a stay-at-home mom who gets hurt in a car crash might not have to worry about losing her job because of her injuries. However, her injuries can necessitate the services of a maid or babysitter to care for her children while she recovers. Under our state’s law, a plaintiff must explicitly claim exemplary damages or losses in Texas, but they’re just as legitimate as the two main types of damages.
In most cases, medical expenses, both those actually incurred and those that may be reasonably predicted, are a major component. A medical bill showing the total amount charged and owed is usually sufficient proof of these damages. Judges and juries can then study these bills to determine how much money was spent on medical care.
Loss of Wages in Texas Injury Claims
As mentioned above, a victim is entitled to compensation for lost wages when hurt and must take time off work to recover. Damages in this category also reimburse victims for lost future earnings caused by the accident.
Paystubs and tax returns can demonstrate the difference between the amount the victim would have earned during the time in question had the accident not occurred and the amount the victim earned during that time. The jury would then award the victim compensation for the disparity between these amounts.
What is Loss of Future Earning Potential?
Unfortunately, when victims need long-term medical attention or cannot work for a long period of time due to their injuries, they may lose their jobs, resulting in lost earning potential.
Thus, damages for loss of earning potential or earning capacity may be awarded to an accident victim whose ability to work has been diminished because of their injuries. In addition, the victim may be entitled to monetary compensation if he or she is forced to take a lower-paying role because of injuries sustained in the accident.
In some cases, the victim’s injuries may be so serious that they prevent him or her from ever working again. To determine how much the victim would have made over the course of his or her career, it may be necessary to consult with a career or economic expert. The victim’s age, level of education, field of work, job skills, rate of raises and promotions, and other characteristics may all be taken into account.
How Are Non-Economic Damages Defined in Texas?
In Texas, damages for pain and suffering fall under non-economic losses that an accident victim may be eligible to obtain. Victims might claim pain and suffering damages if their injuries cause physical discomfort, especially when the pain isn’t treated or mitigated easily.
These awards are very subjective and change depending on how much a jury values different types of injuries.
Finally, personal injury plaintiffs in Texas can seek compensation for their emotional distress and trauma through the same type of non-economic damages. Traumatic experiences, such as seeing the horrific injury of a loved one or suffering a vicious dog attack, can create emotional distress or even post-traumatic stress disorder (PTSD).
Call the Rasansky | McKenzie Law For Personal Injury in Dallas
Contacting an attorney is important when you’ve sustained a serious injury due to another person’s negligence. An experienced personal injury lawyer can help you get the most robust settlement possible for your losses.
Our attorneys at Rasansky | McKenzie Law are proud to represent Texans across our state. We have many, many years of experience advocating for the rights of those injured by negligence. Our compassionate, seasoned lawyers are committed to ensuring our clients receive the fair treatment they deserve.
When you contact our team, we will investigate the details of your incident, gather evidence of your total damages, and advise you of your legal options. Call (214) 651-6100 for a free consultation if you’ve been hurt in a Texas accident and want to know more about your legal options.