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What Damages Should Be Included in My Injury Settlement?

If you have suffered injuries due to the negligence of a person or party, you can seek compensatory damages. Texas personal injury laws allow you to recover a wide range of damages for injury-related losses. A personal injury attorney can help you file for these damages.

The compensation available in personal injury cases depends on several factors. In most cases, the damages can be classified into three separate categories: economic, non-economic, and punitive. Here is a look at those in more detail.

Economic Damages

Texas Civil Code Chapter 41 defines economic damages as tangible and material losses you suffer in a personal injury. This typically includes compensation for the following items:

Medical Costs

The medical costs you can recover in an injury settlement include both past and future medical expenses. You can seek damages covering the physician’s fees, hospital bills, medication expenses, travel to and from the doctor, and more.

Past medical costs pertain to all the injury-related expenses you have sustained till the date of your claim. You may need further medical help and care in the future to cope with the consequences of your injury. For instance, you may need long-term rehabilitation therapy, in-home treatment, and specialized equipment.

You must consult a qualified attorney who can thoroughly detail all your past and future medical expenses. You can file for these damages with the insurance provider of the at-fault company.

Property Damage

Personal injury incidents may also involve property damage in the form of a totaled vehicle, a broken watch, or a damaged mobile phone.

Texas law entitles you to recover the costs of repairing or replacing a damaged vehicle, or any other piece of property. You must file such a claim within two years.

In the case of car crash claims, you can also seek damages to cover diminution in value, apart from the repair costs. These damages pertain to the decrease in the value of your vehicle following the repairs, for example, if it was repaired after a head-on collision, the resale value wouldn’t be the same as a vehicle that didn’t have that damage in its history.

Lost Wages and Benefits

An injury may force you to take time away from work. Such a sabbatical may be temporary or permanent. You may also be prevented from resuming your previous work due to a partial disability or limitation imposed by the injury.

In these cases, you can file for damages covering past lost wages, future lost wages, lost earning capacity, and lost economic benefits.

Loss of Household Services

You may be unable to drop your children to school, buy groceries, or clean the house. The law allows you to provide an estimate for replacing these services, and then seeking this estimated amount in damages.

Non-Economic Damages

Non-economic damages are intangible losses caused by a personal injury. The liable party must compensate you for these losses under the laws of the state. Common types of non-economic damages available in an injury settlement include the following:

Pain and Suffering

This refers to the physical pain and the consequent suffering resulting from an injury. A jury may award no pain and suffering damages for a minor injury. For major injuries, the pain and suffering award may be greater than the total amount of economic benefits.

Mental Anguish

You can seek compensation for depression, anxiety, mental anguish, or PTSD symptoms directly caused by your injury.

Loss of Consortium

This is when you are no longer able to maintain an intimate relationship with a spouse or partner due to post-injury symptoms or conditions.

Loss of Enjoyment of Life

An injury may leave you with long-term pain, disabilities, or handicaps. This can prevent you from enjoying life the way you did before your injury. You can seek damages for such loss of enjoyment.

Disfigurement and Scarring

Visible disfigurement or scarring can dent an injury victim’s confidence and have lifelong consequences. The law stipulates compensation for such losses.

Punitive Damages

Texas law also mandates the payment of punitive damages to an injured party in some cases. Punitive damages are awarded when you can show that the liable party was guilty of gross negligence, intentional neglect, fraud, or malice in causing an injury.

The court typically awards punitive damages as a form of punishment for the negligent party. Texas law caps the total amount of punitive damages at two times the economic damages capped at $750,000, or a standard sum of $200,000, whichever is higher.

Consult a Personal Injury Lawyer

If you have suffered injuries in Dallas resulting in medical costs, lost wages, and other types of expenses, we can help you. Here at Chris Lewis & Associates P.C., we aim to help personal injury victims recover the maximum amount of compensation for their losses.

Our attorneys work with you to prepare and file a claim, negotiate with the insurance company, determine the right amount of compensation, and resolve the claim successfully.

Call us now at 214-984-3113 to discuss your personal injury claim with our lawyers. You can also submit the contact form below to get in touch.


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