What Types of Damages are Recoverable in a Texas Personal Injury Claim?
Written by Greg on January 5, 2019
Personal injury claims can be complicated. If you were hurt in an accident that was someone else’s fault, you may be entitled to compensation for a number of different damages. In general, you will be able to recover your medical expenses that were either “paid or incurred” but you may also be owed money for other damages you suffered because of someone’s negligence. Each damage factor is considered separately and you may collect on each if you meet the qualifications. Texas law generally allows you to file a claim within two years of the injury, but note there are exceptions which can lengthen or shorten the time to make a claim- (always speak to a personal injury lawyer asap about your specific claim).
Medical expenses are the most common costs you have as the result of a personal injury. The plaintiff may recover actual medical costs incurred because of the accident. Seek medical treatment as soon after the accident as possible. Save all of your medical records, bills, and receipts so you can provide proof of your injuries and the associated costs.
You may also be owed the costs of any future expenses that may be incurred because of the accident. For example, you may need to undergo future surgeries, or you might need to participate in rehabilitative therapy. These costs should be part of your recoverable damages.
Some of the most important evidence about your injury usually comes from the treating doctors.
Physical Pain and Suffering
If you suffered a serious injury, you had considerable pain and suffering associated with it. You are allowed compensation for the pain and suffering you experienced if it was caused by the accident. You may also be compensated for any future pain and suffering you might experience due to the negligent conduct of the person or company responsible. Again, the treating physician’s testimony and records are powerful evidence for your case.
Mental anguish is considered a high level of distress or high degree of mental pain. Although you may have suffered anger, embarrassment, fear and disappointment, these feelings alone do not rise to the standard of mental anguish. Mental anguish is a subjective term and therefore your attorney will gather the evidence to prove that you suffered mental anguish due to the crash.
Lost Wages and Loss of Earnings Capacity
You can recover any wages lost due to being unable to work because of the injury. You also may have loss of earning capacity compensation if the injury caused you to have a lowered ability to earn money.
Physical Impairment or Disfigurement
If you have been permanently disabled or disfigured, you may have compensation for this loss of enjoyment of life. Physical impairment may include the inability to participate in a beloved hobby, sport or recreational activity. Permanent disfigurement is impairment to your appearance.
Personal injury claims are often resolved through negotiation with the insurance company. These negotiations are best left to an experienced personal injury attorney. Your lawyer will review the details, gather important information and documentation and negotiate with the insurance company on your behalf to obtain the settlement you deserve.
Contact our experienced personal injury legal team at Baumgartner Law Firm today for a free case consultation.