In a personal injury case, there are several types of damages that can be awarded as part of the settlement: economic damages, non-economic losses, and punitive damages in Texas. When you understand and pursue all three types of damages, it increases the likelihood that you will receive a fair settlement instead of agreeing to a lowball offer.
Your life has been changed by this accident, which is why you deserve to work with a legal team that will help you recover everything the law allows. In this article, we’re breaking down the different types of damages that might be included in your claim so that you know what to expect.
The Three Categories of Personal Injury Damages Recognized by Texas Law
Our legal team will help you explore three different types of Texas personal injury damages that might be negotiated in your case:
- Economic Damages: Anything that can be quantified falls into this category. The goal is to recover compensation for your measurable out-of-pocket costs related to the accident.
- Non-Economic Damages: This category is a bit harder to prove because it covers invisible losses from the injuries, such as pain, trauma, and how your lifestyle has been affected.
- Punitive Damages: When gross negligence was involved in the case, the court might determine that punitive damages are in order as a way to punish the liable party.
Each case is unique, and not all cases qualify for all three types of damages. You need to work with an experienced personal injury attorney to build the strongest case for your circumstances. Our legal team will help you understand which types of damages apply to your situation.
Economic vs. Non-Economic Damages: What Each One Covers
It’s essential that you understand the differences between economic and non-economic damages. In many situations, both of these categories can be pursued as part of your claim. Keep in mind that economic damages are measurable, which means that you have receipts and documentation showing the amount of money that it cost you. On the other hand, non-economic damages are real, but you need to build strong evidence to receive this type of compensation.
- Examples of Economic Damages: Past and future medical bills, ongoing rehabilitation care, lost wages, reduced earning capacity in the future, property damage, home modifications, transportation to treatment, and any other out-of-pocket costs that resulted from the injuries and your recovery.
- Examples of Non -Economic Damages: Physical pain, mental anguish, disfigurement, and loss of enjoyment of life. These pain and suffering damages have an undeniable impact on the way your life changed after the accident, but we will need to have strong evidence to prove that compensation is necessary for these things.
Economic damages are calculated based on the proven out-of-pocket costs, which is why you will need to provide the invoices, receipts, and pay stubs to our legal team. On the other hand, non-economic damages are calculated using different methods, such as a daily rate that is calculated over time or a multiplier that is added to the economic damages. Another factor that we will look at is other similar jury verdicts to see what precedent has been set in the past.
One of the fastest ways that you might lose non-economic value is if there are gaps in your medical treatment. The insurer will look for these gaps and make the argument that your injuries must not have been that severe if you didn’t maintain consistency with the treatments.
Punitive Damages in Texas: When They Apply and What They’re Worth
If intentional misconduct occurred or the defendant was grossly negligent in the accident and it can be proven through case evidence, then the court might decide to include punitive damages in the settlement. You must have a clear standard of proof and convincing evidence, because the bar is much higher for punitive damages compared to regular negligence.
Examples of situations that might result in punitive damages include:
- Drunk driving accidents
- Trucking companies that ignored federal safety requirements
- Negligent security
- Road rage incidents
- Medical misconduct
- Intentional assault
- Hit-and-run accidents
There are caps on the punitive damages that can be awarded. Here in the state of Texas, the limits are $200,000 or two times the calculated economic damages (whichever is greater), plus the non-economic damages up to $750,000.
But if the defendant committed a felony related to the injury, then this cap is no longer valid.
Texas Wrongful Death Damages for Victims’ Family Members
In the unfortunate situation where a victim passes away from their injuries after an accident, the surviving family members can choose to pursue a wrongful death claim. This compensation helps with recovery for the loss of financial support and companionship. Wrongful death compensation can also cover funeral expenses and mental anguish that the family is experiencing.
FAQ
What are the three types of damages in a Texas personal injury case?
In the state of Texas, three types of damages could be included in a personal injury case: economic damages (measurable financial losses for out-of-pocket costs), non-economic damages (pain and how the victim’s life was affected), and punitive damages (if gross negligence or intentional misconduct occurred).
How much can I sue for pain and suffering in Texas?
There isn’t a set limit for pain and suffering in personal injury cases. But there are statutory caps if it is a medical malpractice case or a government claim.
Is there a cap on punitive damages in Texas?
Yes, the limit for punitive damages in Texas is either $200,000 OR 2x the economic damages (whichever is more), as well as non-economic damages up to $750,000. But if the defendant committed a felony when the accident occurred, then there are no caps for punitive damages.
Talk to a Dallas Personal Injury Lawyer at Mignucci Law Firm
The most important decision that you will make is hiring an experienced personal injury attorney to assist with your case. With the right legal support, you can pursue compensation to help with your recovery and even cover the emotional losses that you have experienced as a result of the accident.
At Mignucci Law Firm, our team fights for full recovery and includes all types of damages that apply to your case and are allowed by law. Contact our Dallas office today for a free consultation.