What Kinds of Damages May Be Available in Personal Injury Cases?

 Posted on July 14, 2023 in Personal Injury

When someone is injured due to another party's negligence or gross negligence, they may recover compensation for their injuries and damages. In a personal injury case, damages refer to a variety of losses (far more than medical expenses) the injured party has incurred due to his or her injuries.

Damages That May Be Available

Many types of damages may be available in a personal injury case, including the following:

• Economic damages – These have a specific financial value, such as medical expenses, lost wages, and property damage (vehicle damage, cell phone, damaged items in your vehicle). Economic damages are intended to reimburse the injured party for the financial losses they have suffered due to the injuries. 

• Non-economic damages – These damages are related to non-financial losses, like physical pain, mental anguish, disfigurement, physical impairment, loss of enjoyment of life, loss of consortium, and loss of services. These types of damages are designed to compensate the injured party for the injury's physical, emotional, and psychological impact. 

• Punitive damages – These damages are awarded in cases where the defendant's actions were particularly egregious or malicious. Punitive damages for gross negligence conduct are intended to punish the defendant and deter similar conduct in the future.

• Wrongful death damages – When a person dies due to someone else's negligence or intentional actions, their surviving family members may be entitled to wrongful death damages. These damages may include lost wages of the decedent, loss of inheritance of the heirs, loss of advice, counsel, services, care maintenance and support, mental anguish and punitive/exemplary damages.  

• Survival damages – the estate of the decedent can recover survival damages the decedent endured such as pain and suffering before death, along with medical expenses and funerial/burial costs.

It is important to note that the types of damages available in a personal injury case may vary depending on the specific circumstances of the case and the laws of the state in which the case is being prosecuted. Additionally, the amount of damages awarded in a personal injury case will depend on many factors including the severity of the injury, the extent of the damages suffered, and the degree of negligence or intentional actions of the defendant. 

Please also remember that the statute of limitations in Texas for third party personal injury cases is two years from the accident date and four years for first party cases (claims against your own insurance company). Therefore, your personal injury claim will likely be denied if you wait longer than the statute to file suit and exercise due diligence in serving the defendant.  

Contact a McKinney Personal Injury Attorney

For skillful and compassionate legal representation, look no further than the most experienced wrongful death and injury firm in Colllin County.  Our attorneys with Burress Injury Law are standing by 24/7 and ready to provide a completely free consultation and case evaluation for you or your loved one. Call us at 214-726-0016.  

Source:  https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm