You can recover both financial and personal losses when another person’s carelessness causes an injury. These damages may include medical expenses and lost wages. Pain that makes ordinary tasks more difficult may also count in your claim. A Dallas personal injury lawyer can help you understand how these categories apply to your case and what fair compensation looks like.
What Economic Damages Can You Recover?
Economic damages compensate you for the financial losses caused by an accident. These include measurable costs supported by records and receipts. Whether your case involves car crashes or truck accidents, these damages help you recover the money you have lost and the expenses you continue to face.
Medical Bills and Ongoing Treatment Costs
Medical expenses often make up the largest part of an injury claim. Emergency care and rehabilitation can quickly create financial stress, especially when treatment continues for months or years. Under Texas Civil Practice & Remedies Code § 41.001, these costs qualify as compensatory damages designed to help you regain financial stability after an injury.
You can also recover costs for ongoing treatment such as therapy or chiropractic care that aid recovery. In more serious cases, these claims may include items like assistive medical equipment or in-home care that supports your ongoing treatment.
Lost Wages and Future Income Potential
If your injuries keep you from working, lost wages can be included in your claim. Pay stubs and employment statements help calculate what you have missed. Texas Civil Practice & Remedies Code § 33.001 allows recovery even if you share partial fault, though your compensation may be reduced proportionally.
If your injuries impact your ability to return to work, future income losses can be significant. These damages may include lost opportunities for raises or job advancement that would have occurred if the accident had not disrupted your career.
Property Damage and Out-of-Pocket Expenses
Economic damages also cover the cost of repairing or replacing damaged property. In vehicle cases, this could include car repairs or rental car fees while your vehicle is in the shop. According to the Texas Department of Insurance, property damage payouts can vary depending on coverage type and the extent of the loss.
Out-of-pocket expenses may also include home modifications or temporary transportation costs while repairs are being made. These losses are often overlooked, but they can make a meaningful difference in the total compensation you receive for your claim.
The Non-Economic Damages You Can Pursue
Non-economic damages cover the emotional and psychological impact that an accident leaves behind. While economic losses can be measured in receipts or bills, these damages recognize how car accidents affect your routine and overall well-being. They acknowledge the emotional and physical toll that cannot be calculated in dollars but continue to impact your healing process. Here are some examples of non-economic damages you may be able to pursue:
- Physical pain and discomfort
- Emotional distress or mental anguish
- Loss of companionship or support
- Reduced enjoyment of life
- Permanent scarring or disfigurement
- Anxiety or post-traumatic stress
- Damage to reputation or personal relationships
Under Texas Civil Practice & Remedies Code § 41.008, non-economic damages may be subject to limits in specific cases such as medical malpractice or claims against certain entities. However, personal injury lawsuits involving negligence, including car accidents, generally do not face these caps and instead allow you to pursue full compensation for your suffering.
When Punitive Damages Come Into Play
Punitive damages, also called exemplary damages, are not designed to reimburse your losses. Instead, they serve to punish a defendant for behavior that shows extreme recklessness or intentional wrongdoing. These damages also send a clear message that similar conduct will not be tolerated under Texas law.
Under Texas Civil Practice & Remedies Code § 41.003, punitive damages require clear and convincing evidence of gross negligence or willful misconduct. This means the at-fault party knew their actions created a serious risk of harm but chose to ignore it. When this higher standard of proof is met, the court may award additional damages as a form of deterrence.
According to data from the Texas Department of Insurance, punitive damages are awarded in fewer than five percent of personal injury verdicts across the state. These awards are rare and typically reserved for the most serious cases involving egregious behavior. However, when they are granted, they often make a significant impact by holding defendants fully accountable for their actions.
How Texas Courts Calculate Your Overall Compensation
Courts in Texas look at the complete picture of your damages when determining compensation. Both economic and non-economic factors are weighed to determine a fair value that represents what you have lost and what you will continue to face. In cases involving catastrophic injuries, the court also considers how the damage has changed your physical well-being and ability to work over time.
Factors That Influence Your Total Recovery
Courts rely on medical records and clear evidence when assessing the value of your case. Details about your treatment and witness statements can both affect how much compensation you receive. Under Texas Civil Practice & Remedies Code § 41.008, certain limits and formulas may apply depending on the circumstances of your case.
Judges and juries also look at how consistent your evidence is and whether expert testimony supports your claims. The quality of your records often determines how persuasive your case will be during settlement negotiations or trial.
Future Expenses and Life Changes After an Injury
Your compensation should also take into account the ongoing effects of the incident. Future medical treatment and career limitations are both major considerations in personal injury cases. These expenses must be accurately outlined by your legal team to make sure you recover enough to cover future needs.
Lifestyle changes after serious injuries can also influence the outcome of your case. Adjustments such as hiring in-home help or switching careers just show how deeply an accident can alter your routine.
Personal Injury Damages FAQ
If you were hurt in an accident, you probably have questions about what kind of compensation you can actually recover. These quick answers break down the basics so you know what to expect before filing a personal injury claim in Texas.
Are Punitive Damages Limited by Texas Law?
Yes, punitive damages are capped under Texas Civil Practice & Remedies Code § 41.008, which restricts how much can be awarded based on the amount of compensatory damages.
What Counts as Proof for Emotional Distress or Pain and Suffering?
Evidence such as medical records or mental health evaluations can help show the emotional effects of an injury.
How Does Shared Fault Affect the Amount of Damages I Can Receive?
Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code § 33.001, which reduces your compensation if you are found partly responsible for the accident.
Speak With Your Personal Injury Lawyer in Dallas Today
When someone else’s carelessness causes an injury, knowing what damages you can recover makes a major difference in your case. Serving fellow Texans for over 10 years, our firm provides the information and guidance injured people need to make informed decisions.
Your personal injury attorney in Dallas with Goff Law, PLLC can help you understand which losses qualify for compensation and what to do next to build the most powerful claim. Contact us to get started on your claim as soon as today.