Pain and Suffering | Loss of Enjoyment of Life | Loss of Companionship or Consortium
When you have been injured by someone else’s wrongful conduct, some of the losses will be tangible and some will not. The law commonly refers to those intangible losses as “non-economic” damages. Here are answers to some of the most frequently asked questions about non-economic damages in Texas.
Your Right to Compensation after a Texas Personal Injury
Statistics indicate that nearly a half a million Texans seek compensation every year for losses sustained in an accident caused by someone else’s negligence. You have a right to seek full and fair payment for certain tangible losses, such as income and medical expenses. The law also allows you to recover damages for certain intangible losses, commonly identified as “non-economic losses.”
Frequently Asked Questions about Non-Economic Damages
Q: What are “non-economic” damages?
A: Non-economic damages or losses are those arising out of an injury that do not have a direct financial cost.
Q: What are the common types of “non-economic” damages?
A: There are common types of non-economic damages:
- Pain and suffering—This refers to any physical or emotional pain arising out of an injury. As a general rule, to recover for mental pain and suffering, you must show that you sustained a physical injury.
- Loss of enjoyment of life—This includes the inability to engage in activities that brought joy, fulfillment, satisfaction or pleasure because of the injuries suffered. It may also include the inability to engage in the ordinary activities of daily life, such as walking, eating, feeding yourself, grooming or other day-to-day tasks.
- Loss of companionship or consortium—You may recover if your injuries make it impossible to have close and/or intimate relationships
Q: How are non-economic damages calculated?
A: Non-economic damages typically cannot be documented in writing. Accordingly, courts have established alternative methods for calculating these losses:
- The “multiplier” method—With this approach, the court determines the amount of economic or tangible losses and then multiplies that number by some factor, usually between 1 and 5. For example, if economic losses are $1 million, the court may apply a multiplier of 2 and award $2 million in non-economic damages.
- The “reasonable” damages method—Some courts will simply instruct the jury to identify a “reasonable” amount of damages based on the circumstances of the case
Let Us Help Protect Your Rights in a Texas Personal Injury Claim
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have been hurt because of any type of dangerous or defective product in the Lone Star State. We have a comprehensive understanding of the things that need to be done to help you maximize your recovery. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Car and Truck Accident Claims Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma