Personal Injury Compensation Types in Texas

 

Under Texas civil law, there are eight distinct types of compensation. If you've been hurt in an accident that was someone else's fault, you can potentially recover money for each of the following: 

Physical Pain

Injury victims are allowed to recover compensation for the pain they experienced as a result of their injuries. It is possible to recover damages for both past and future physical pain, although you cannot do so on mere speculation. Your attorney must provide evidence to the insurance company which proves that future pain is probable.

Mental Anguish

Due to the emotional and psychological trauma of catastrophic injuries, mental anguish damages are recoverable in virtually all severe accident cases. It is also possible to recover mental anguish damages for the aggravation of preexisting medical conditions.

Disfigurement

Common disfigurement claims made by Texas personal injury victims often involve scars, burns and amputations caused by their accident, although the disfigurement in question does not necessarily have to be large or obviously noticeable to make a claim. Disfigurement claims are based on the embarrassment of the victim and their desire to hide or conceal the disfiguring mark.

Physical Impairment

Also known as “loss of enjoyment of life,” physical impairment claims are based on the injury victim’s inability to enjoy activities now that they've been in the wreck. It can include things like not being able to do yard work or play with your children, or as specific as not being able to eat solid food because of tooth damage.

Medical Expenses

Medical expenses include all healthcare treatment you have already received, as well as treatment you will need in the future as a result of your injuries. This includes bills from doctors, surgeons, nurses, chiropractors, psychiatrists, physical therapists and caregivers as well as costs for any medical tests, ambulance or hospital stays.

Loss of Earning Capacity

Loss of earning capacity is different from loss of actual earnings, meaning that even an unemployed person is entitled to recover loss of earning capacity under Texas law. Your personal injury lawyer will need to clearly establish evidence which clearly demonstrates how your ability to work has changed due to your injuries and how this will affect your potential earning capacity.

Loss of Consortium

In personal injury cases, loss of consortium typically refers to the injury victim’s inability to engage in normal marital relations as a result of their injuries. This is not a very common claim, but is used in extremely severe injury cases such as those involving paralysis, traumatic brain injury and loss of limbs.

Loss of Services

If the injury victim was not employed but still performed duties around the house which they will no longer be able to perform, it is possible to recover compensation since someone else will now need to be paid to perform these duties. This typically includes things such as housekeeping, childcare and other domestic services.
 
To learn how each of these different compensation types apply to your unique situation, please call the Fort Worth personal injury lawyers at the Anderson Law Firm to discuss your case today. We offer all clients a completely free, no obligation consultation and are ready to help you fight for the full justice you deserve.
 
Call toll free at 800-354-6275 or locally at 817-294-1900.

 
 
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