After you’ve been involved in a serious accident or otherwise sustained a serious personal injury due to someone’s negligence, you are entitled to pursue damages against the negligent party. To clear up a misconception, “damages” in the context of personal injury cases refers to any losses suffered by the victim. For example, personal injury damages would be separate and distinct from the physical damage of a car involved in a crash that led to a personal injury.
There are close to a dozen types of damages victims may attempt to collect in a personal injury lawsuit. An important note is that Texas law generally gives the victim of a personal injury two years to initiate a lawsuit, so it is important to act swiftly. We have outlined six common classifications of damages below to help you understand what you may be entitled to:
- Medical Expenses. This damage type is among the most obvious. After you have suffered a significant personal injury, your first priority should be seeking appropriate medical care. As long as you are able to show that you incurred medical expenses as a result of someone else’s negligence, then you have a good chance at receiving medical economic damages.
- Lost Income. Economic damages may also include loss of wages, which victims of a personal injury often pursue if they are unable to work after their injury. Any wages that you lose out on due to hospital stays or physical rehabilitation can be applied here, as well as the loss of your job altogether.
- Pain and Suffering. This is a common non-economic damage type that personal injury victims seek. Monetary payouts for pain and suffering are subjective and may also be awarded for pain and suffering that has not yet been experienced.
- Disfigurement. Any personal injury that affects the general appearance of the victim, such as one that involves severe burns, scars, or amputations, may lead the victim to pursue disfigurement damages. Disfigurement damages are also largely subjective.
- Mental Anguish. Sometimes referred to as emotional distress, this type applies to any adverse mental or psychological effects stemming from a personal injury. Conditions such as PTSD, anxiety, or depression may be included here.
- Loss of Consortium. This damage type is pursued by those emotionally close to the victim. Any activity that the victim engaged in with their spouse, children, grandchildren, or other loved one that is no longer possible due to a personal injury could fall into this category. Examples are intimate relations with a partner or general affection for one’s grandchildren.
Contact Capshaw & Associates
There are more types of recoverable damages that were not covered in this blog; at the same time, some of the ones explained above may not apply to your case. Because every case is unique, it is crucial that you partner with an experienced attorney who can guide your case through civil court and ensure you receive the damages you are entitled to. Touch base with our firm today so we can get you started on the road to recovery.