What Damages Can I Claim in a Texas Personal Injury Case?

Jason McLaurin

September 7, 2022

What Damages Can I Claim in a Texas Personal Injury Case?

If you have been injured in Texas, it has likely impacted many areas of your life. You need to know how to seek recovery for your losses. Perhaps your injury is the result of an auto accident, or it may be due to another cause, such as a slip and fall that would be a matter of premises liability. The extent of your injuries, the implications for your life, and the negligence of the person responsible will all factor into determining the damages you can claim in a personal injury case.

We will touch on a variety of damages you may be able to consider in your personal injury case below. Schedule a free consultation with McLaurin Law, based in Houston, TX, to determine your options and get a sense of the value of your injury case. Call us at (713) 461-6500 or fill out the form on our website to get started. Read below to learn more about how to seek restitution for your injuries in Texas.

Several Types of Damages May Apply To Your Case

Depending on the facts of your case, you may be able to seek damages for some combination of the following: past medical expenses, future medical expenses, property damage, pain & suffering, loss of earning capacity, loss of household services, and/or loss of consortium. We will address each of these different types of damages in succession.

Damages for Past Medical Expenses

If you suffered an injury in an auto accident and had to receive emergency medical care, a personal injury suit would allow you to seek damages for such medical expenses. You must prove that the care and associated expenses were the reasonable and necessary results of the accident. Be aware that insurance companies will likely try to argue that some of the care you received was unnecessary or unrelated to the accident to avoid paying you.

An insurance company may suggest you were “overtreated” for your injury to avoid paying medical bills. We have years of experience navigating these matters, and your case will benefit from having a skilled personal injury attorney. We can also guide you through essential steps following an injury which help strengthen your case and avoid pitfalls that threaten to prevent you from being paid for your injuries.

Damages for Future Medical Expenses

A critical consideration often neglected is the sum of future medical expenses related to your injuries. You must prove that future medical treatments will be necessary to treat ongoing or anticipated issues directly resulting from the accident or injury.

Will you require surgery and/or physical therapy in the future because of the injury or accident? A credible medical expert can evaluate your condition and testify about the types of medical treatments they anticipate due to your injury. We at McLaurin Law will work with you to gather the appropriate evidence for your injury case.

Damages for Your Vehicle

There will often be significant damage to your car following an auto accident. Texas is a modified comparative fault state for determining who is at fault in an auto accident. In Texas, you can seek to recover either the repair cost of your vehicle or the difference between your car’s pre-accident fair market value minus the post-accident fair market value. These value determinations are usually made using NADA guidelines.

What happens with your vehicle and the compensation you will receive depends on two factors:

  1. The damage to your vehicle
  2. The levels of insurance you and the responsible party carry

A vehicle’s high repair costs relative to its value can cause it to be declared a total loss. You should speak with an experienced Texas auto accident attorney regarding dealings with insurance companies and the available options for your case.

Damages for Pain and Suffering

Another facet of your injury experience that factors into your personal injury case is your pain and suffering resulting from the incident. While there is a subjective element to this part of your injury case, you have experienced and may continue to experience harm because of the other party’s negligence. Your quality of life may be significantly affected by continued soreness or discomfort. An experienced personal injury attorney can help you measure and prove your pain and suffering to recover from these damages.

Beyond the pain and suffering you have already suffered, you may also need to consider your future pain and suffering resulting from your injury. This may also tie into future medical treatments, such as physical therapy. A medical expert may testify that you will have chronic or extended discomfort due to your injuries.

Related, you may also be able to claim damages for emotional distress in some cases. This would pertain to a negative psychological experience you have suffered, which resulted from the negligence or intentional actions of the other party. In most cases, this distress will be connected with your suffered physical injuries. Discuss these matters with your Texas personal injury attorney to determine what emotional distress or pain and suffering damages would apply to your case.

Damages for Loss of Earning Capacity

Your ability to work may be limited by your injury, which may translate to a loss of earning capacity. Consider the following questions: Did you have to miss work due to your injury, or have you worked reduced hours? Are you no longer able to do the same type of work you were doing before your injury? How are your prospects for steady and consistent income affected by your injury?

The nature of your work and its intersection with your injury can determine your loss of earning capacity. You may be able to recoup past losses, and your earning potential in the future may also be affected. An experienced injury attorney can help you to calculate your loss of earning capacity, and medical experts may help you to prove this by testifying to your diminished physical abilities following your accident.

Damages for Loss of Household Services

An injury to yourself or your spouse can prevent critical functions in your home from being performed without outside help. Your lifestyle is often dependent upon completing various household tasks, and hiring a professional to handle routine services can cause significant strain on monthly budgets.

You may be able to seek damages for loss of household services in such cases. An experienced TX injury attorney can help you to gather the required evidence to prove the replacement cost of these services in your household.

Damages for Loss of Consortium or Wrongful Death

If your spouse, parent, or child has been killed or has sustained a severe injury in Texas, you may be able to file for loss of consortium. This pertains to the loss of your relationship or companionship with this person. Perhaps someone’s negligence resulting in injury or death has also caused you to lose a parent’s love, support, and guidance. If you have lost your spouse, then a loss of consortium may account for the loss of marital and sexual relations.

Losing a loved one can have widespread effects throughout someone’s life. If the loved one you lost would have been able to pursue a personal injury case had they survived, you may be able to pursue a wrongful death case. At McLaurin Law, you have access to an experienced attorney in the Houston, TX, area who understands your difficulties and can work with you to identify applicable damages for severe injury and wrongful death cases.

McLaurin Law, PLLC: When You Need More Than Luck in Your Personal Injury Case

Suppose you or a loved one suffered an injury in Texas due to someone else’s negligence. In that case, one or several of the damages mentioned above may apply to your developing personal injury case. The misfortune of an injury can set you back in many ways. Still, with the guidance of an experienced and knowledgeable injury attorney, you may be able to identify and recover significant restitution to help you get your life back on track.

To explore your options and discuss the details of your case with an experienced Texas personal injury attorney at McLaurin Law, call (713) 461-6500 today for a free consultation, or fill out the form on our website. Don’t let an unfortunate injury stop you from moving forward in your life. We’re here to answer your questions and represent you in your personal injury case—McLaurin Law: When you need more than luck.

Copyright © 2022. McLaurin Law, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

McLaurin Law, PLLC
4544 Post Oak Place Dr
Suite 350
Houston, TX 77027
(713) 461-6500
https://mdlawtex.com/

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