Personal Injury Damages and Compensation
Accidents can really mess up your life in more ways than just a busted leg or a few bruises. The bills start stacking up, your paycheck disappears, and suddenly, getting through the day feels impossible.
“In Texas, the law allows you to pursue compensation for medical expenses and for the emotional toll, lost wages, and the overall disruption to your life,” says Texas-based personal injury lawyer Jonathan Harris of Schechter, Shaffer & Harris, LLP—Accident & Injury Attorneys.
Understanding the damages you can pursue can considerably transform your situation. This guide lays everything out, so keep reading to learn what damages you can seek after an accident.
What Are Damages in Legal Terms?
The legal term “damages” refers to the monetary compensation a court awards to an individual who sustained injuries due to another party’s negligence. The goal is to restore the damage, at least financially.
Texas, like every state, splits damages into two: economic (figures you can add up on a calculator) and non-economic (basically, everything else that impacts your life but does not come with a receipt). The goal is to get people as close as possible to where they were before life turned sideways.
Understanding Economic Damages
Economic damages refer to all the cash you lose because of your injury. These include expenses such as hospital bills, prescriptions, car repairs, therapy, and more. In essence, economic damages encompass all expenses incurred due to your injury. If your injury messed with your paycheck down the line, future costs and lost income get added.
Proving economic damages is straightforward. You must provide bills, pay stubs, receipts, or any other documentation you have available. In Texas, the insurance companies or the court stack all those numbers together to calculate your economic damages.
Understanding Non-Economic Damages
It can be challenging to quantify non-economic damages, such as pain, mental anguish after an accident, not being able to enjoy your hobbies, or even your relationship getting ruined because of what happened: no receipts, no tidy invoices, just real, messy human fallout.
Determining the value of non-economic damages can be a challenging task. Texas courts usually use what they call the multiplier method. It involves assessing your economic losses, such as medical bills and lost wages, and then multiplying that total by a multiplier, typically ranging from 1.5 to 5, to determine non-economic damages.
To back it all up, you will need proof: doctor’s notes, therapy bills, your own scribbled journal entries, maybe even your friends or partner telling the court how different you seem. Essentially, you must show how your life has significantly changed, not just your financial circumstances.
Punitive Damages
Punitive damages present a distinct challenge. Unlike economic or non-economic damages, these are not about fixing what you lost. They come in situations where someone acted badly or with blatant disregard, and the aim is to punish them for the wrongdoing.
You won’t see these every day in Texas. The courts save them for tragic circumstances, like when someone was reckless or downright evil about it.
When figuring out how much to award, the court does not just look at what happened to you. It will examine the offending party’s bank account and their behavior, basically saying, “How awful was it, and how much would it take to make them actually feel it?” The goal is to inflict punishment and issue a stern warning to others.
You Need a Lawyer
Legal matters get complicated fast, and you want someone who knows what they are doing. A personal injury lawyer gathers evidence, calculates your pain’s worth, and fights for you when companies try to shortchange you.
Do not settle for the flashiest ad. Look for someone who has been working personal injury cases for years, has positive reviews, and knows Texas law thoroughly. Your future could depend on your choice, so take the time to get it right.
Conclusion
Understanding the difference between the different types of damages, such as economic, noneconomic, and punitive damages, and their impact on your compensation is vital for ensuring your claim payout is justifiable. Consult a trustworthy attorney when dealing with a personal injury claim to give yourself the best chance at securing a favorable outcome.
