At the Hollingsworth Law Firm, our Houston personal injury attorneys understand damages in personal injury cases are calculated by meticulously documenting financial losses and evaluating the impact of the injury on the victim’s life.
Calculating damages involves gathering extensive documentation and evidence, including medical records, employment records, expert testimonies, and personal testimonies. Our Harris County personal injury lawyers often work with medical, economists, and vocational experts to accurately assess and quantify economic and non-economic damages.
Our experienced personal injury attorneys can help ensure that all aspects of the damages are thoroughly evaluated and that our clients receive fair compensation for their losses. While all Texas personal injury cases are unique, here’s what their claims may entail.
What are the Different Categories for Personal Injury Claim Damages in Texas?
In Texas personal injury cases, damages are typically divided into two main categories: economic and non-economic.
Here’s a detailed breakdown of each category and how they are calculated:
Economic Damages are quantifiable and cover the financial losses incurred due to the injury, including:
- Past Medical Expenses: These include all medical costs incurred from the date of the injury up to the date of settlement or trial. This can include emergency room visits, hospital stays, surgeries, medications, physical therapy, and other related treatments. Medical bills, receipts, and records are used to document these expenses.
- Future Medical Expenses: If the injury requires ongoing or future medical treatment, these anticipated costs are calculated and included in the damages. Expert testimony, medical evaluations, and life care planning are often used to estimate future medical expenses.
- Past Lost Wages: This covers the income lost from the injury until recovery or settlement. Pay stubs, tax returns, and employer statements are used to prove lost income.
- Future Lost Wages: If the injury affects the victim’s ability to work in the future, either temporarily or permanently, this loss is calculated and included. This may involve calculating the victim’s earning capacity, considering age, occupation, skills, and potential career advancements. Expert economic analysis is often required.
- Loss of Earning Capacity: If the injury results in a reduced ability to earn income in the future, damages can include compensation for this loss. This is calculated based on the difference between the injured person’s expected earnings had the injury not occurred and their expected earnings post-injury.
Non-economic damages are more subjective and compensate for non-financial losses, including:
- Pain and Suffering: This compensates for the physical pain and emotional distress from the injury. There is no fixed formula for calculating pain and suffering, and amounts can vary widely. Factors considered include the severity of the injury, the duration of pain and suffering, and the impact on the victim’s quality of life. Testimonies from the injured person, family members, and medical professionals are often used.
- Emotional Distress: This covers the psychological impact of the injury, such as anxiety, depression, PTSD, and other emotional hardships. Documentation from mental health professionals and personal testimonies can support claims of emotional distress.
- Loss of Consortium: This compensates the spouse or family members for losing companionship, affection, and support from the injury. It is often claimed by the injured person’s spouse but can also include children or parents in some cases.
- Loss of Enjoyment of Life: If the injury affects the victim’s ability to enjoy day-to-day activities, hobbies, and other aspects of life, compensation may be awarded for this loss.
- Disfigurement and Disability: Compensation for permanent physical changes or disabilities resulting from the injury affects the victim’s appearance or physical abilities.
Contact Our Personal Injury Lawyer at Hollingsworth Law Firm
If you have been injured in Texas because of another person or party’s negligence, contact our dedicated Houston personal injury attorneys at the Hollingsworth Law Firm today for a free case evaluation. Call 713-637-4560 or contact us online.
Our skilled bilingual personal injury lawyers and support staff represent clients throughout Texas on a contingency basis, so you never pay any legal fees unless we win your case.
If you are ready to fight for the compensation you deserve, so are we. Let us take the lead.
