Damages You Can Recover In Your Texas Personal Injury Claim

In Texas, the law allows you to recover compensation for the following damages relating to your injury:

Past Medical Bills

This includes all reasonable and necessary expenses related to the medical care you were given which are directly related to the injuries you received in the accident. (For example, the bills from the ambulance company, the hospital, the surgeon, the physical therapist, the medical equipment providers, the chiropractor, the pharmacy, etc.). Note that I have highlighted the words "reasonable and necessary," as some insurance company lawyers argue (and sometimes the juries agree) that some of the medical care provided to the patient was not reasonable (i.e. high charges) or was not necessary (i.e. the ordering of an MRI when symptoms did not support the request).

Future Medical Bills

An estimation of future medical expenses is potentially recoverable as long as a doctor who provides the estimate will testify under oath that these medical expenses will in "reasonable medical probability" occur. The mere chance of future surgery is not enough; there has to be more than a 50 percent chance that the surgery will happen in the future for you to be able to recover compensation for it. The law distinguishes possibility from probability.

Pain and Suffering

This element of damages is the single-most important part of the claim in most injury cases. It's also the hardest part of recoverable damages to get insurance companies and juries to understand. The medical records will help support this claim as they will document the pain being reported on each and every visit to the doctor. But the best evidence for this intangible element comes from the injured party's close family members. These witnesses are usually better-able to provide detailed descriptions of how the pain affected the injury victim's life, rather than the injury victims describing it themselves.

Lost Wages

Whether you're self-employed or work for a business that pays you hourly or by salary, you can recover compensation for all the wages you lose out on as a direct result of the accident. This element of damages becomes more difficult to establish in self-employed individuals who must rely on tax-returns instead of simply check stubs or W2s. Plus, any lost wage claim must be based on taxable income, so if you don't pay taxes on your income-in the eyes of the law (and rightfully so)-you can't make a lost wage claim.

Loss of Earning Capacity

This element of damages covers the wages or salary you're likely to lose in the future due to your injuries. Just like with future medical expenses, you'll need to provide proof that these will in all probability occur. Many times economic experts help calculate this figure, as your future wages will need to be adjusted for inflation and there will also need to be a calculation of future lost benefits.

Disfigurement

In my opinion, scars and other physical changes in your appearance are very valuable parts of your claim. If you have a visible scar, it's a clear, everyday reminder of the accident that will be with you for the rest of your life. The worse the scar is, the more valuable your claim is. Also, scars on men are not worth as much as scars on women. Sorry, gentlemen, that's just the way it is!

Impairment

If your life or activities have been impaired due to your injuries, this is compensable. Are you now incapable of cleaning your house? How about mowing the lawn? Chores aside, what about fun activities like bowling or playing golf? Things you were able to do before your accident which you're unable to do now factor into this element of damage.

Loss of Consortium

This recoverable damage applies when the injuries from the accident have affected your ability to have private relations with your spouse.

FREE CONSULTATION

Contact the Anderson Law Firm online, or by calling 817-294-1900 for a free consultation on your rights.

One of the most common questions a new client has is “What is my case worth?”

The truth is that it is extremely difficult to estimate any injury claim's value until the injured party has ended medical treatment and is either well or as well as he or she is going to get. Only then can you truly put a figure on the damages that should be sought.

There is nothing worse than settling a claim too soon because once you settle, it's final. If your conditions worsen after prematurely accepting a settlement then you have no choice but to pay any additional medical bills yourself. Once your case settles, you cannot force the insurance company to also pay for your medical care in the future.

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