Calculating Damages in a Texas Personal Injury Lawsuit

If you have been injured due to someone else’s negligence in Texas, you may be entitled to compensation for your losses and damages provided you can establish the at-fault party was negligent or failed to exercise ordinary care. It is important to understand the elements of damages recognized by Texas law and how damages are calculated to ensure you receive the full amount you deserve. The legal team at Gilbert Adams Law Offices employs decades of experience not just in winning your case but in obtaining the maximum compensation available. Contact our Beaumont personal injury law office for help with a personal injury claim in Southeast Texas or statewide.

Types of Damages in a Texas Personal Injury Case

Damages are typically categorized into three main types: economic damages, non-economic damages, and, in certain cases, exemplary or punitive damages.

Economic Damages

Economic damages compensate for financial losses and damages, not only in the past but also in the future, arising from health and medical care expenses resulting from the bodily injuries and include the following:

• Medical Expenses: Covers past and future medical costs, including hospital stays, surgeries, medications, therapy and rehabilitation, and any necessary medical equipment. Texas law requires proof that the recommended treatment was necessary and that the charges were reasonable.

• Lost Wages: If your injury has caused you to miss work, you can seek compensation for lost wages and income in the past

• Loss of Earning Capacity: Damages for loss of earning capacity are recoverable when there is proof that the limitations, restrictions and impairments adversely impact your ability to earn wages in the future.

• Property Damage: If your personal property, such as a vehicle, was damaged in the incident, you may be entitled to repair or replacement costs.

• Other Out-of-Pocket Expenses: Includes transportation costs for medical appointments, home modifications for disability accommodations, and other expenses incurred due to the injury.

Additionally, damages may be available for losses associated with normal upkeep and maintenance of the home and household such as the inability to perform yard work, housecleaning, cooking, etc. Texas law classifies these damages as loss of household services.

Non-Economic Damages

These damages are awarded to compensate for what the law refers to as intangible damages and include the following, both in the past and in the future:

• Physical Impairment: These are damages for losses resulting from impairment or inability to engage in hobbies or activities with your family with your hobbies

• Pain and Suffering: Compensation for the physical hurt, pain, and discomfort caused by your injuries, including recommended surgeries or other painful but necessary treatment.

• Mental Anguish: This is what Texas law refers to as the mental hurt, grief, anguish and distress that often accompanies a physical injury.

• Disfigurement. For injuries leaving bad scarring or where there is a disruption to the physical appearance, Texas law allows recovery for disfigurement damages.

• Loss of Consortium: If the injury negatively affects relationships with a spouse, compensation may be available for your spouse as a result of your physical injuries.

Punitive Damages

Punitive damages, also known as exemplary damages, can be awarded in personal injury cases where the defendant’s conduct was grossly negligent, meaning the party acted with actual knowledge of the risks, but was consciously indifferent to the rights, safety and welfare of others. A good example might be someone driving while impaired or a habitual unsafe driver. These damages are intended to punish the wrongdoer and deter similar conduct in the future. However, Texas law places caps on punitive damages, limiting them to the greater of $200,000 or twice the amount of economic damages plus up to $750,000 in non-economic damages; however, there may be exceptions where the cap is lifted depending on the specific conduct.

Factors Affecting the Calculation of Damages

Several factors influence the amount of compensation an injury victim can receive, including:

• Severity of the Injury: More severe injuries typically result in higher compensation due to increased medical costs, longer recovery periods, and greater pain and suffering, which often results in permanency and therefore damages into the future, perhaps over the remainder of your life expectancy.

• Impact on Daily Life: If the injury significantly affects the victim’s ability to work, engage in daily activities, and maintain personal relationships, damages may be higher than where those are not issues, which can be very fact-intensive.

• Comparative Fault: Texas follows a modified comparative fault rule, meaning your compensation will be proportionately reduced if you are found partially responsible for the accident. If you are more than 50% at fault, Texas law bars your recovery completely.

• Financial Solvency or Insurance Policy Limits: While not technically limiting the fair and reasonable value of damages, actual recovery of those damages can be limited by financial solvency and available insurance coverage purchased by the at-fault party.

Why You Need an Experienced Texas Personal Injury Lawyer

Calculating damages in a personal injury case is complex, and insurance companies use many different tactics to try to deny, delay or minimize payouts. At Gilbert Adams Law Offices, our experienced legal team works diligently to ensure our clients receive the full compensation they deserve. We analyze medical records, consult with financial and medical experts, and negotiate aggressively with insurance companies to secure the best possible outcome for our clients.

If you or a loved one has been injured due to someone else’s negligence in Southeast Texas or statewide, contact Gilbert Adams Law Offices at 409-835-3000 for a free consultation. We are committed to fighting for justice and helping you obtain the compensation you need to move forward.