Intangible damages refer to ways in which being seriously injured has affected your life in ways which are not easily equitable to a specific dollar amount. These are subjective losses. Whereas medical costs you have incurred are easily provable by showing the insurance company your hospital bills, physical pain is an abstract loss by comparison.
However, that doesn’t make these types of losses any less important.
Catastrophic injuries frequently result in unimaginable pain. Oftentimes, even after a surgery repairs the damage done to an extent, you might still suffer long-term pain regardless. Consequently, Texas law allows accident victims to make claims for compensation related to physical pain and suffered both which has occurred in the past, and that is expected to occur in the future.
Horrific accidents not only result in physical trauma, but also very real emotional and psychological trauma. Post-Traumatic Stress Disorder is a well-documented condition, although the mental anguish you have suffered could be manifest in any number of ways. Oftentimes, mental anguish suffered by accident victims creates further aggravation of preexisting injuries. As with physical pain, you are entitled to compensation related to both past and future mental anguish.
As a result of being injured, it is possible that you will experience physical impairments which will prevent you from doing many of the day-to-day activities that you did routinely without issue prior to your accident. These activities can include everything from mundane household chores such as mowing the lawn, taking out the trash or stacking the dishwasher, to more enjoyable pursuits such as gardening, running or throwing a baseball with you kid. Again, Texas law allows for compensation for both past and future physical impairment losses.
Although it might seem that physical disfigurement is more of a tangible concern, this type of compensation is actually more focused on the overall effect the disfigurement might have on you. Whereas an amputation might have a very real impact on your earning capacity, facial scarring does not – however, it still has an equally real impact on your self-image and mental health. Although it is an oversimplified explanation, it is air to say that compensation related to a disfigurement claim is based on the embarrassment of the victim and their desire to hide or conceal the disfiguring mark.
Loss of Consortium
Although not a very common claim, it is relevant. A loss of consortium claim is concerned with the accident victim’s inability to engage in sexual relations with their partner. Typically, it is the accident victim’s significant other who would make this claim, as opposed to the accident victim themselves. As already mentioned, loss of consortium claims are fairly uncommon and mostly reserved for the most catastrophic of injury cases such as those involving permanent paralysis or traumatic brain injury.
If you or someone you love has been injured in a Dallas-Fort Worth accident, call the board certified personal injury attorneys at the Anderson Law Firm for a free, no obligation consultation on your case. We are available 24 hours a day and work on a no win, no fee basis.
Call us toll free from anywhere at 800-354-6275 or locally at 817-294-1900.
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