Understanding Different Types of Damages in Texas Personal Injury Cases
Injuries from car crashes and other accidents often have a major impact on all areas of a person’s life, including their finances, their physical and mental health, their work, and their personal relationships. Texas law recognizes the many hardships that injuries can bring, and when those injuries are caused by another person’s negligence, victims can pursue compensation for a range of damages. While money cannot reverse all of the effects of injuries, it is often the best way for an injury victim to obtain the relief they need to move forward with their life.
What Damages Can an Injury Victim Pursue in Texas?
In Texas, damages available through a personal injury claim generally fall into three categories. Two of those, economic and noneconomic damages, are often referred to together as compensatory damages, and they are quite commonly awarded. The third category, known as exemplary damages, is less common, as it requires a higher standard of proof. As you prepare to file an injury claim, here is what you should know about each category:
- Economic damages refer to financial costs and losses related to the injury, and they are a part of every personal injury case. Most commonly, they include the costs of all of the victim’s medical expenses, including emergency and hospital care, surgery, medication, and rehabilitation. Economic damages can also include damage to the victim’s vehicle or other property, as well as lost income due to missed time from work or long-term disability. It is important to keep detailed records of all expenses related to your injury so that you have support for the compensation you are seeking.
- Noneconomic damages refer to negative effects of the injuries that do not have a clear financial value. This includes physical and mental pain and suffering, permanent scarring or disfigurement, inconvenience in the victim’s daily life, and the loss of personal relationships and enjoyment of life. Testimony from the victim, their friends and family, and health professionals can help to make the case for noneconomic damages, and an attorney can help to determine and negotiate for an appropriate amount based on the nature of the case.
- Exemplary damages, also known as punitive damages, are meant to penalize the negligent party rather than compensate the victim for losses. In personal injury cases, they are typically only awarded when the victim can demonstrate malice or gross negligence on the part of the defendant, and they are usually limited to a maximum of $200,000 or a figure calculated using the amount of compensatory damages awarded. However, this limit does not apply to cases involving intoxication assault, or manslaughter.
Contact a New Braunfels, TX Personal Injury Lawyer
At The Bettersworth Law Firm, we have the knowledge and experience necessary to advise you on the appropriate amount to pursue all relevant damages and to negotiate or litigate aggressively on your behalf to achieve a fair result. Contact a New Braunfels personal injury attorney today at 830-443-9193 for a free consultation.
Source:
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
