What Types of Damages can I Recover for My Personal Injury Claim in Texas?
The Kishinevsky Law Firm is a personal injury law firm in the greater Houston area. If you were injured due to the fault of someone else contact us today for a free consultation with a Houston injury attorney.
Texas law allows individuals who have been injured due to someone else’s fault to recover damages to compensate them for the different types of losses they sustained. A brief description of the types of damages that may be recoverable in a personal injury claim is presented below.Damages for Past and Future Physical Pain
A personal injury claimant in Texas can recover damages for past physical pain by testifying about it or by providing other evidence of it to the judge or jury. The claimant can recover damages for future physical pain by introducing evidence to show there is a reasonable probability the pain will continue to affect the claimant in the future.Damages for Past and Future Mental Anguish
A personal injury claimant in Texas can recover damages for past mental anguish by showing direct evidence of the nature, duration, or severity of the mental anguish and establishing that the anguish was a substantial disruption in the claimant’s daily routine or a high degree of mental distress that is more than mere worry, anxiety, vexation, embarrassment, or anger. To recover damages for future mental anguish, the claimant must show that there is a reasonable probability he will suffer additional mental anguish in the future.Damages for Past and Future Disfigurement
Disfigurement is defined as “that which impairs or injures the beauty, symmetry, or appearance of a person or thing, or that which renders unsightly, misshapen, imperfect, or deformed in some manner.” Disfigurement damages are awarded for a claimant’s embarrassment and the need to conceal disfigured body parts. Common forms of disfigurement include burns, scars, and amputations. Past disfigurement can be proved by showing the jury or judge the disfigured body part or by showing photographs comparing the body part before and after the disfigurement. Determining future disfigurement damages involves a significant amount of discretion by the jury or judge. Future disfigurement can be based on future embarrassment and additional scarring or deformity does not need to be proved to establish future disfigurement, though it is an additional factor that may be considered.Past and Future Physical Impairment
Physical impairment is generally defined as the loss of enjoyment of life. To recover damages for physical impairment, the claimant must show the physical impairment is substantial and extends beyond pain and suffering, mental anguish, or lost earning capacity. To establish past physical impairment the claimant should establish evidence of tasks or activities he can no longer perform. To establish future physical impairment, the claimant should generally establish that he will likely be prevented from performing specific physical activities or tasks in the future.Past and Future Medical Expenses
To recover damages for past medical expenses, the claimant must establish the expenses were reasonable in amount and were necessary to treat the injury and that the expenses were paid or incurred by or on behalf of the claimant. To recover damages for future medical expenses, the claimant must show that there is a reasonable probability expenses resulting from the injury will be necessary in the future.Past and Future Loss of Earning Capacity
Past loss of earning capacity is the diminished ability of the claimant to earn a living between the time of injury and trial. To recover damages for past loss of earning capacity the claimant must present evidence showing his previous capacity to earn and the extent to which the capacity was impaired by the injury. Future loss of earning capacity is the diminished ability of a claimant to earn a living after the trial. To recover for loss of future earning capacity, the claimant must present evidence sufficient to allow the jury or judge to sufficiently measure earning capacity in monetary terms.Past and Future Loss of Consortium
Loss of consortium is based on the loss of love, affection, protection, emotional support, companionship, care, and society that can occur when a family member is injured. Loss of consortium is a derivative claim that can be asserted by the injured person’s spouse, children, or parents. This claim cannot be asserted by siblings or step-parents, parents for nonfatal injuries to a child, or pet owners for the loss of their pet.Past and Future Loss of Services
Services refers to the performance of household and domestic duties. Loss of services is a derivative claim that can be asserted by the injured person’s spouse or parents. To recover for these types of damages, evidence must be introduced to show the loss in the form of a net loss after reduction for taxes.
If you have questions about a Texas personal injury claim, contact us today for a free consultation with a Houston personal injury lawyer. We will be happy to discuss your case, answer any questions you may have, and provide information of how we may be able to help you obtain the recovery you are entitled to under Texas law.