What Types of Compensation Can You Recover?
Compensation for damages is a pivotal aspect of the case. When you sue another person for accident injury, damages can be high. Consequently, people often file personal injury lawsuits when serious injury occurs. Our firm handles many different types of cases on behalf of our clients—truck and car accidents, oil field accidents and construction accidents, to name a few.
Three Main Types of Damages
Under Texas statutes, there are three main types of compensation for damages in personal injury cases:
- Economic damages. Economic damages compensate an injury victim for actual monetary losses. Examples include: property damage to a car, hospital bills, doctor bills, travel expenses for medical treatment, rehabilitation, caregiver expenses, lost wages and lost earning capacity.
- Noneconomic damages. Noneconomic damages are less tangible losses. But even so, they are compensable. Such damages include: pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life and injury to reputation.
- Exemplary damages. Exemplary damages, as the name suggests, are awarded to set an example. The intent is to discourage others from committing similar harm. These damages are punitive in nature and are usually awarded for gross negligence, fraud or malicious conduct.
Gross negligence refers to inaction or actions that have a high probability of severe harm. It also refers to actions committed by a person who has no regard for the welfare of others, committing the action despite knowing severe injury could occur.
Caps on Exemplary Damages
Texas sets caps on exemplary damages. Also, courts only award such damages when they also award compensatory damages (economic and noneconomic damages). Caps in Texas do not apply when the injury occurred as a result of a felony or as a result of the manufacture of methamphetamine.
Do You Have Questions about Compensation for Damages in Personal Injury Cases?
We represent clients throughout Texas from Fort Worth to Corpus Christi. The Law Office of Michael R. De La Paz brings extensive experience to every personal injury case we handle and is glad to answer your questions.