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Damages

Most are aware that if you win a civil suit you could be entitled to a monetary award for your damages, but what are damages? The term “damages” refers to any injury-related cost that you may have endured because of another person’s negligence. Damages can include financial expenses such as medical bills, rehabilitative costs and lost wages from missing both. It can also incorporate emotional losses such as pain and suffering or loss of consortium.

If you were injured because of another person’s negligence, then it’s important you gain legal representation so you can pursue a monetary award for your damages. A skilled personal injury lawyer can assess you case, collect evidence, call expert witnesses, negotiate with insurance adjusters and do whatever is needed to win your case. Don’t let another’s person’s careless or reckless actions devastate your life and finances. Get in touch with an experienced personal injury attorney as soon as possible.

Personal Injury Attorney Explains Damages in Conroe, TX

Have you been injured in a negligent accident? Did someone else’s reckless or careless actions result in an injury which caused you great financial strife? If so, then we suggest you get in touch with an experienced personal injury attorney. They can build a strong case and negotiate a settlement for you in court to cover all your expenses. For an experienced and dedicated personal injury attorney, get in touch with the lawyers at Evans & Powell, PLLC.

The attorneys at Evans & Powell, PLLC have been practicing personal injury law for years. We can utilize our years of experience, passion and skills for your case. Get in touch with us today at (713) 622 - 2000 to learn more about our firm and to set up your first consultation free. Evans & Powell, PLLC accepts clients throughout the greater Montgomery County area including Conroe, Montgomery, The Woodlands, Magnolia, and Willis.

Overview of Personal Injury Damages in Texas

  • Types of Damages
    • Economic Damages
    • Non-Economic Damages
    • Punitive Damages
  • Additional Resources

Types of Personal Injury Damages

When a plaintiff successfully wins a personal injury suit, it means they could be awarded compensation in the form of a settlement to cover all their damages. Texas law considers this compensation an attempt at making the injured plaintiff “whole” again after the accident.

In personal injury, damages can either be economic, non-economic or punitive. Economic damages are easier to quantify because they are normally recorded in medical bills or shown by wage statements. Some examples can include medical bills or therapy costs. A non-economic damage is a little harder to determine the value. They include costs that are emotional or socially rooted such as pain and suffering, mental anguish or loss of consortium.

Punitive damages are rare but are meant to be a punishment to the defendant. They don’t come from any economical or non-economical factor from the injury but are instead added compensation to the settlement. The purpose of punitive damages is to deter others from doing a similar action and serve as a warning to the defendant to not repeat the behavior again.

Economic Damages

  • Medical Bills – Medical costs can be astronomically high, especially if you don’t have the best insurance or are without health insurance. Typically, most of a personal injury settlement will cover all costs related to the injury. This can include treatment, rehabilitation, pharmacy costs, or medical bills from the past or future.
  • Lost Wages – Missing work can lead to lost wages and with the combination of high medical bills, it can put a person in financial distress. Damages regarding lost wages can include a reduction in earning capacity or if the plaintiff has been unable to hold a job at all due to their injury.
  • Loss of Household Services – In personal injury law, both the plaintiff or the family member of the plaintiff can claim this type of economic damages. If the plaintiff performed regular household maintenance prior to the injury and they’re unable to do so now, they may be able to argue for compensation due to loss of household services. To receive this, the plaintiff must provide evidence as to why they are unable to perform these everyday tasks and the full cost of hiring someone to fulfill the role.
  • Disability Costs – Unfortunately, a plaintiff may suffer a disability, or a major lifestyle change because of their injury. When this happens, the plaintiff is entitled to compensation for disability costs. Household fixtures such as ramps, handicap-accessible cars, bathtub handicap features, or other types of lifestyle adjustments.
  • Property Loss or Repair – If the injury came from a motor vehicle accident or the plaintiff had their property destroyed due to the accident, then the defendant may be court ordered to pay the property losses or repairs.

Non-Economic Damages

  • Pain and Suffering – One of the most common non-economic damages granted in civil court is pain and suffering. If the plaintiff proves that distress and pain arose from the injury, then they’re entitled to compensation for that strife. No person experiences pain the same way and the way people manifest and cope with pain range dramatically. So, this means there is a wide range of possible awards for those seeking compensation for pain and suffering. In some cases, pain and suffering can cause a settlement to skyrocket because it can lead to a huge payout.
  • Mental Anguish – The court recognizes both physical and mental pain. If the plaintiff’s accident was traumatic or the injury that occurred was disturbing, then they may be able to gain compensation for mental anguish. Mental illnesses such as post-traumatic stress disorder (PTSD) or anxiety
  • Loss of Enjoyment or Physical Impairment – Negligence-related injuries can lead to physical changes, but they can also seriously disrupt a person’s lifestyle. Loss of enjoyment is a type of damage that compensates the plaintiff if their injury has limited their enjoyment of activities in their everyday lives. For example, if a plaintiff was blinded due to their injury and enjoyed watching films beforehand, then it’s possible the plaintiff may be able to ask for physical impairment or loss of enjoyment damages.
  • Disfigurement – If a plaintiff sustained an injury that seriously scarred the face or another body part, then they may be eligible for damages for disfigurement. Since disfigurements such as amputations, facial dislocation, or large scars can lead to rising medical costs the court may order the defendant to front the cost. Not only this, but the social stigma of disfigurement can be especially difficult. Due to this, the court may grant the plaintiff additional compensation to cover their emotional suffering.
  • Loss of Consortium – In some cases, the injury may lead to drastic changes in the plaintiff’s relationships. Many plaintiffs have familial, friendship, and romantic relationships suffer because of the stress their injury causes. If this occurs, a personal injury can ask for damage recover for loss of consortium.

Punitive Damages

Damages in a personal injury case can extend past economic and non-economic compensation in some cases. If the defendant’s conduct was outrageously negligent and reckless, then the court may implement punitive damages in addition to the original statement.

These damages aren’t an apart of the court’s mission to “make the plaintiff whole.” Punitive damages are instead considered punishment for the defendant. The reasoning for this is because the defendant isn’t being penalized in a criminal court, so the punitive damages act as a deterrent for any repeat behavior. The cap for Texas’s punitive damages i:

  • $200,000; OR
  • Twice the amount of economic damages plus the amount equal to non-economic damages up to $750,000.

If the action that caused the injury could be classified as a felony offense, then there will be no cap for punitive damages.


Additional Resources

Texas Civil Damage Laws – Visit the official website for Texas Civil Practice and Remedies Code, a collection of Texas civil laws. Find more information on personal injury damages, how they are recovered, when a person is eligible for punitive damages and more.

Filing Small Claims – Visit the official website for the Harris County Justice of the Peace Courts and find more information surrounding filing civil claims in Harris County courts. Learn the steps to filing a claim, the fees for filing a claim, and the civil court process in Texas.


Personal Injury Lawyer for Damages in Conroe, TX

Were you injured because of another person’s negligence or reckless actions? If so, it’s important you gain legal representation as soon as possible. You could be eligible for compensation that would cover all the damages you’ve suffered since the injury. Our suggestion for excellent legal counsel is to get in touch with Evans & Powell, PLLC.

Our attorneys at Evans & Powell, PLLC are dedicated to helping the client’s recover. We understand how overwhelming it can be to juggle an injury and the legal logistics behind it. Let us help you by calling Evans & Powell, PLLC to set up your first consultation free. We will sit with you, discuss your case and determine if you qualify for a monetary award.

Evans & Powell, PLLC practices throughout the greater Montgomery County area including Conroe, Montgomery, The Woodlands and Magnolia.


 

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