Types of Damages Available in Texas Personal Injury Cases

If you have been injured or suffered damages because of another party’s negligent, reckless, or intentional actions or inactions, you may be entitled to recover compensation for your damages.

You must prove certain legal elements to recover damages in a personal injury claim. There are three types of damages recoverable in Texas - economic, non-economic, and punitive.

The facts of your case determine which type of damages you may be entitled to recover. All claims have a filing deadline, and if you miss it, you cannot recover compensation.

You should consult an experienced Texas personal injury attorney to determine your filing deadline, advise whether you have a good case, and the damages you may recover.

At Bush & Bush Law Group, our Dallas personal injury attorneys have been protecting the rights of injury victims for decades and have recovered over $50 million for our clients. We want to help you recover maximum compensation for your injuries.

Call (469) 977-7777 or visit our contact page to schedule a free consultation about your case.

What Sets Bush & Bush Law Group Apart?

• We are available 24/7 to provide immediate assistance, support, and answers to your questions.
• We help clients obtain a cash advance within 72 hours when they need it.
• We pay all costs of pursuing your claim, and you pay nothing until we win for you.
• We have recovered over $50 billion in compensation for our clients.

You will see and feel the Bush & Bush Law Group difference when you meet with us.

What is Personal Injury Law?

In Texas, if you are injured due to another party’s negligent or wrongful conduct, you have the right to recover compensation for your damages.

Negligence is the basis for personal injury law. Negligence is a failure to exercise ordinary care or the level of care expected in a specific situation.

In a personal injury suit based on negligence, you must prove four elements to be successful:

1. The defendant owed you a legal duty.
2. The defendant breached that legal duty through their actions or inactions.
3. The defendant’s breach of duty caused your injury.
4. You suffered actual damages due to the defendant’s breach of duty.

At Bush & Bush Law Group, our experienced personal injury attorneys know how to discover and gather the evidence to prove each element of your negligence claim.

What Types of Damages Can I Recover in a Personal Injury Case?

Damages are designed to help put the injury victim in as near as possible the same circumstances as before their injury. Compensation cannot undo your injuries, but it can help ease some of the burdens caused by your injuries.

The type of damages you can recover depends on the specifics of your case. Generally, you may be entitled to three types of damages - economic, non-economic, and punitive.

Economic Damages

Economic damages include financial losses and expenses such as:

• Current and future medical expenses, including treatments, procedures, and therapies.
• Long-term medical care, nursing home care, or personal care necessitated by your injuries.
• Current and future lost wages and benefits, including reductions in earning capacity and opportunities.
• The costs of making necessary modifications to your home or vehicle because of your injuries.
• Other out-of-pocket expenses incurred because of your injuries.
• Property damages

Non-Economic Damages

Non-economic damages include:

• Pain and suffering
• Mental and emotional distress
• Loss of enjoyment of life
• Diminished quality of life
• Loss of consortium or companionship
• Scarring and disfigurement.
• Disabilities
• Other intangible damages

Non-economic damages can be challenging to quantify. However, they are often just as devastating as economic damages.

Bush & Bush Law Group attorneys often consult medical and economic experts to help calculate economic and non-economic damages. This ensures that all current and future damages are considered and accurately valued.

Punitive Damages

Punitive damages, also called exemplary damages, are not designed to compensate the injury victim but to punish the wrongdoer and deter future similar behavior.

Texas Civil Practice and Remedies Code, Title 2 § 41.003(a) states that exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from:

1. Fraud;
2. Malice; or
3. Gross negligence

At Bush & Bush Law Group, our attorneys work hard to recover all available types of damages and to maximize compensation for our clients.

What If I Am Partially At Fault?

Texas follows a modified comparative fault model.

Under the Texas Civil Practice and Remedies Code Title 2 § 33.001, you may not recover damages if your percentage of fault is greater than 50 percent. This is sometimes referred to as the 51% rule.

If you are 50% or less at fault, you may still be able to recover damages from the other at-fault parties.

However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 40% at fault and your damages are $100,000, you could still recover $60,000 after your percentage of fault is deducted.

Our attorneys work hard to minimize the fault assigned to our clients and maximize their recovery.

What is the Statute of Limitations for Texas Personal Injury Claims?

A statute of limitations sets the deadline for filing a claim to recover damages in a personal injury suit.

According to Texas Civil Practice and Remedies Code §16.003, most personal injury cases in Texas must be filed within two years.

There are exceptions to the two-year deadline, so you must consult an experienced Texas personal injury attorney to determine your filing deadline.

Why Do I Need a Texas Personal Injury Lawyer?

• Your chances of recovering maximum compensation are much greater when an experienced Texas personal injury lawyer represents you.
• Insurance companies fight hard to deny or devalue your claim, but an experienced Texas personal injury attorney can level the playing field and hold them accountable for the full value of your damages.
• Litigation is expensive. However, most Texas personal injury attorneys handle cases on a contingency fee basis, so you pay nothing until they win for you.
• You deserve to focus on your recovery while allowing an experienced Texas personal injury attorney to handle the numerous details of pursuing your claim.

Contact Bush & Bush Law Group Today

If you have been injured in an accident caused by another party, you have the right to be compensated for your damages. However, defense attorneys and insurance companies will fight to avoid paying your claim.

You need an experienced Texas personal injury attorney to protect your rights and fight for the maximum damages you can recover.

The Bush & Bush Law Group attorneys have decades of experience protecting the rights of injury victims. We have recovered more than $50 million for our clients and want to help you recover the full value of your damages.

Schedule a free consultation to discuss your case by calling (469) 977-7777 or complete the short form on our contact page.