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Different Types of Damages in a Personal Injury Case

Personal Injury Damages

If your civil case for personal injury is successful following an accident, you are entitled to cash compensation for all losses caused by the negligence or other misconduct of the at-fault party. The term “damages” refers to these losses. The exact damages that may be recovered in a personal injury claim depend on the type of case, the kind and severity of the plaintiff’s injuries, and the Texas personal injury law.

  1. Pain and Suffering. Medical expenses and lost wages incurred by an injured party are referred to as “economic” damages since they are relatively simple to quantify. Non-economic damages, or recompense for the injured person’s “pain and suffering,” are the other major part of damages in a personal injury case. These are the more ephemeral effects of the accident and injuries, such as bodily suffering resulting from the accident itself and physical discomfort brought on by required medical care.
  2. Loss of Income. This includes compensation for any lost wages a plaintiff incurred as a result of the injury or to receive medical attention. Even if a claimant has access to vacation or sick days, he or she should still receive compensation for the loss of such paid time off.
  3. Medical Bills. The costs of any testing or medical care required for the plaintiff following any injury, including ER visits, hospital stays, and physical rehabilitation, must be covered by the defendant. In a personal injury case, medical expenses can quickly mount up, particularly when there are long-term injuries or permanent disabilities. The cost of care that has already been received as well as care that will be required in the future are both included in the medical bills/medical treatment component of damages.
  4. Emotional Distress. A claim for emotional distress may be viable when a plaintiff’s mental health is impacted by an accident or injury. However, these harms typically need to be supported by a mental health care professional’s diagnosis or therapy.
  5. Loss of Consortium. In terms of their relationship with the injured person, these are losses incurred by the injured person’s spouse, partner, or close family member. In some states, “loss of consortium” is a separate cause of action that can be used to make up for the loss of an intimate physical relationship between a spouse and the injured party.
  6. Wrongful Death. Plaintiffs in wrongful death cases are the families of people who have died as a result of the defendant’s carelessness or willful misconduct. These types of claims may be eligible for the following categories of damages pre-death “pain and suffering” of the departed, medical expenses paid for by the deceased before death, funeral and burial fees, a reduction in the dead person’s anticipated income, worth of the services the dead would have rendered, as well as, loss of the attention, direction, and nurturing that the deceased would have given.
  7. Punitive Damages. Despite being paid to the plaintiff, punitive damages are not meant to compensate the plaintiff in full. Instead, they serve as a deterrent against this kind of behavior by punishing the person for exceptionally extreme wrongdoing. Punitive damages are uncommon in personal injury cases, but when they are appropriate, they can dramatically increase the value of the plaintiff’s claim.

Receive a Fair Settlement with a Lawyer on Your Side!

Unsure what damages you can recover? Seek the legal assistance of a reliable attorney in Houston, Texas! A Houston personal injury attorney can educate you on the legal side of personal injury cases so you are not left in the dark wondering how much you can recover to compensate for your injuries. Let Wadler Law take your case so you can focus on recuperating and getting back on your feet.

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