Were you injured in an accident caused by someone else? Remember: If you didn’t cause the accident, you shouldn’t be footing the bill. Call Baumgartner Law Firm at (281) 587-1111 to schedule a free consultation with a top-tier personal injury attorney in Houston today.
Most of the injury victims who come to us are familiar with the concept of economic damages. They understand that taking legal action is an effective way to recoup their accident-related financial losses. However, few clients are aware that they may also be able to collect non-economic damages through a lawsuit.
Whereas economic damages are designed to compensate an injury victim for financial losses such as hospital bills, lost wages, and the ongoing cost of therapy, non-economic damages are awarded for losses that evade a dollar amount. These types of damages often include compensation for intangible losses and can greatly increase a settlement amount. We call non-economic damages “human damages.”
If you’re seeking compensation for non-economic damages, the first step is hiring a trusted personal injury attorney. Luckily, you don’t have to look too far—Baumgartner Law Firm is here to help. With more than 35 years of experience in winning personal injury lawsuits, the full spectrum of legal resources, and a compassionate, award-winning staff, there’s no better choice in the Greater Houston area.
When you’re ready to explore your options for compensation for damages with a top-notch personal injury lawyer, contact Baumgartner Law Firm online to schedule a free case evaluation. In the meantime, keep reading to learn everything you need to know about suing for non-economic damages in Texas.
Understanding Non-Economic Damages in Texas
Non-economic damages refer to compensation awarded in civil lawsuits for intangible losses that are not directly tied to economic factors. These damages are designed to address the non-monetary aspects of harm suffered by the victim and provide restitution for the emotional and psychological toll an accident has had on the individual’s well-being.
Examples of Non-Economic Damages
Non-economic damages in Texas refer to a range of intangible losses that individuals may experience as a result of injuries or harm. Some common examples include:
- Pain and suffering. This category covers the physical and emotional distress caused by an accident and accounts for the overall suffering experienced by the plaintiff.
- Emotional distress. Damages for emotional distress address the psychological consequences of an incident, such as developing anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of consortium. Loss of consortium refers to the harm suffered by a person’s spouse or family due to the injured individual’s inability to provide companionship, support, or intimacy.
- Disfigurement, scarring, and disability. Damages may be awarded for visible scars or disfigurement resulting from an injury, especially when they impact the individual’s self-esteem and overall quality of life.
- Loss of enjoyment of life and other nonpecuniary losses.
In Texas, a judge may also consider a plaintiff’s “loss of joy for life and society” and “injury to reputation” when considering non-economic damages. They may also take into account evidence that points to life-changing trauma that the plaintiff has suffered as a result of the defendant’s actions.
Read More: How Much Can You Sue for Personal Injury in Texas?
How Much Is Awarded for Non-Economic Damages in Texas?
The amount awarded for non-economic damages in Texas varies widely and is influenced by the specific details of each individual case. However, there are formulas to estimate how much you may be entitled to.
When calculating your pain and suffering damages, some attorneys will likely start by totaling your economic damages (including medical bills and lost wages) and then adding a multiplier between 1.5 and five based on the severity of your suffering and the impact the event has had on your life. The resulting number would represent your pain and suffering settlement offer using the multiplier method.
For example, if you suffered temporary injuries in an accident that have little to no effect on your ability to socialize or work, an attorney may only ask that a multiplier of 2 be added to the economic damages you’ve incurred. However, if your injuries and trauma are significant and have had a profound effect on your quality of life, an expert injury attorney may argue for a much higher multiplier.
At Baumgartner Law Firm, we do not use a multiplier method to determine the non-economic damages for our cases. Instead, use our decades of expertise in evaluating personal injury cases to develop a settlement range.
Damage calculation formulas are no substitute for experience in detemining damages
Personal Injury Lawyer -Greg Baumgartner
Unlike economic damages, which can be quantified based on tangible financial losses like medical expenses or lost wages, non-economic damages are more subjective and often depend on the discretion of the court. Texas law does not impose specific caps on non-economic damages in most personal injury cases, allowing juries the flexibility to consider the full extent of intangible harm suffered by the plaintiff.
However, it’s important to note that there are exceptions to this rule, particularly in medical malpractice cases. Texas law imposes caps on non-economic damages in medical malpractice lawsuits, limiting the amount a victim can receive for pain and suffering, mental anguish, and other non-economic losses. These caps are subject to adjustment based on factors such as the number of defendants involved in the case. Also, Texas has a cap on non-economic damages in punitive damage cases.
Ultimately, determining the amount awarded for non-economic damages in Texas is a complex process that involves carefully evaluating the unique circumstances surrounding each claim. An experienced personal injury attorney best calculates these and your economic damages.
Read More: What Are Punitive Damages in Texas?
Suing for Non-Economic Damages in Texas
Whether your injuries and suffering resulted from a car accident, an 18-wheeler crash, or something else, you have the right to sue for non-economic damages in Texas. The first (and most important) step is to discuss the case with a personal injury lawyer. The team at Baumgartner Law Firm is happy to review your case in a free consultation.
After thoroughly reviewing the details of your case, our legal team will assess the evidence and help determine the at-fault party or parties. To build a more solid case, we may interview witnesses and collect additional evidence to present a full picture to the court on your behalf.
We will also help calculate a potential settlement and present it to the defendant’s legal team. If they agree to a fair settlement, you can secure compensation without ever stepping foot inside of a courtroom. If not, we’ll build a robust, aggressive case and take it to trial. Regardless of which avenue we eventually take, you can be sure that we’ll be with you every step of the way, keeping you informed and looking out for your best interests.
Read More: What Are Economic Damages in Texas?
Baumgartner Law Firm: Leading Personal Injury Attorneys in Houston, Texas
If you’re considering filing a personal injury claim, remember: Most plaintiffs only have two years from the date of their injury to file, so don’t delay! It’s imperative that you begin the filing process as soon as possible in order to ensure you are eligible to receive compensation.
Ready to get started? Contact Baumgartner Law Firm online to schedule a free consultation, or call our law office at (281) 587-1111 to speak with a compassionate legal representative today.
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About Our Law Firm
Baumgartner Law Firm is a Houston personal injury law firm headed by Greg Baumgartner.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you. The practice areas we focus on are the following:
· Auto & Car Accidents
· Catastrophic and Severe Injuries
· Construction Site Accidents
· Daycare Negligence & Child Injury
· Dram Shop Lawsuits
· Drunk Driving Accidents
· Lyft Accidents
· Motorcycle Accidents
· Personal Injury
· Truck Accidents
· Uber Accidents
· Work Injury
· Wrongful Death
Helping these areas around Houston
Houston, Sugar Land, Conroe, The Woodlands, Cypress, Spring, Humble, Katy, Atascocita, Kingwood and Tomball.