After you get into a car accident, do you ever wonder what damages are recoverable by you under the Texas law? Following is a list of all of the damages available to a Plaintiff in a personal injury lawsuit:
- Medical Expenses in the past and future: These are the damages incurred by way of medical bills for physical injuries. They are the easiest damages for a jury to understand because it is economical in nature, and can be tangibly seen on medical records and bills provided by a medical provider. These damages include any medical bills incurred in the past as well as medical estimate from a medical provider for any future bills expected.
- Lost wages: This damage is incurred when a Plaintiff is unable to go to work as a result of the injuries or pain. Lost wages can be calculated by determining your rate of pay at the time of missed work, and the number of hours missed. This also applies to loss of earning capacity – diminished time of work, and not just total lost time. If a Plaintiff is unable to perform a certain task, as a result of the incident, and not able to make as much money as before the incident, then the diminished pay can be recoverable.
- Loss of earning capacity in the future: Sometimes injuries in a personal injury case are so drastic that a person is unable to do the type of work they used to pre-injury or unable to work altogether. Most of the time, in this situation, an expert has to be hired to determine the amount of wages that would be made in the future, and for the number of years. This is a little difficult to determine and prove up to the jury. It could also be costly to hire an expert economist to do the calculations for you.
- Loss of household services: If you have to hire someone to do the household chores on your behalf, then the cost incurred as result of it could also be recoverable in a personal injury lawsuit. If the Plaintiff used to perform a certain household chore but is unable to perform such chore and another family member has to pick up the chore instead, then these damages are an available avenue.
- Pain and suffering in the past and future: One of the biggest challenges for a personal injury attorney Arlington TXtrusts is proving up pain and suffering. Another person is unable to feel the pain and suffering that Plaintiff had to endure as a result of the injury. For this reason, it is easy for people to believe that the Plaintiff is “faking” it because he or she is money hungry. Another challenge is how much would you pay a person to endure the injury? Everyone has a different dollar figure for this number. Despite it being a hard damage to collect on, it is daily awarded by juries in personal injury cases.
- Mental anguish in the past and present: In personal injury cases, mental anguish damage is recoverable in cases where the accident was particularly disturbing and gruesome. It results from disruption in Plaintiff’s daily routine or high degree of mental pain. Like pain and suffering damages, mental anguish damages are also hard to recover on.
- Physical impairment: Physical impairment is recovered if a Plaintiff is unable to make a living like they could before the injury. It is an award for the negative impact on his or her life as a result of the incident.
- Disfigurement: This is a damage that is the most visible, physically. If the Plaintiff has scars, facial dislocation, amputations as a result of the incident, then this damage is available to him or her. The most common way to prove disfigurement is to take pictures of the scars, amputations, dislocation, etc.
- Loss of consortium: This damage is available to the spouse and children of the Plaintiff. If a spouse or the children’s social interactions with the Plaintiff have altered as a result of the incident, then this recovery is available to them.
It is vital to know that not all of these damages are applicable to every Plaintiff in a personal injury lawsuit. The damages available are customized to each case. For more information on your individual personal injury claim, please contact an experienced attorneys today.
Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight damages and personal injury practice.