How to Calculate Personal Injury Damages after a Texas Car WreckHouston Legal News
The goal of any Houston personal injury case is to ensure that the injured party is made whole again through financial compensation for his or her losses. These losses, as well as the available compensation, are referred to as damages.
Damages Available in a Houston Car Crash
A victim must first make a list of the damages he or she suffered due to the accident. This list will be included in the demand letter, which will be sent to the insurance provider of the at-fault party in order to recover compensation. Compensation is available in a variety of damages when pursuing a Texas personal injury claim, including:
- Medical bills
- Lost wages
- Disability costs
- Lost capacity to earn
- Property damage
- Pain and suffering
- Out-of-pocket costs
- Punitive damages
- Wrongful death damages
An accident victim is able to seek compensation for past and future losses. If the victim has a permanent disability resulting from the accident, he or she is able to recover compensation for a lifetime of medical expenses, surgeries, and treatment. In most cases, the more severe the accident and resulting injuries, the more the victim will be able to recover.
Economic damages in personal injury law are tangible losses, including health costs, property repairs, and lost income. The calculation for these damages is dependent upon numbers and figures. The insurance company or courtroom will add up the actual amount of economic losses suffered by the injured party using evidence, like hospital bills, repair estimates, and pay stubs.
The courts will then project future economic damages based on the victim’s existing expenses and his or her medical improvement timeline, and this may require a doctor to testify to how long the victim will have his or her injuries and what future medical treatments will be required.
Noneconomic damages are intangible or general losses suffered by the victim, including emotional distress, physical pain, discomfort, mental anguish, and anxiety. Calculating non-economic damages is a bit less straightforward. Ultimately, it is up to the jury how much a victim can recover in pain and suffering.
The jury is able to award as much or as little in noneconomic damages as it believes is fit for the individual situation. These damages are often limited by caps from the state. Usually, juries, grant larger awards to victims who suffer from severe or catastrophic injuries, including traumatic brain injuries and spine injuries. These victims will have greater physical pain, emotional suffering, and other losses than victims who only suffered minor injuries.
Houston Car Crashes
In most cases, Texas car crash victims are injured by reckless or negligent drivers, and the responsible party can be made to cover the damages resulting from the collision. For over a decade, Connolly Law has helped car crash victims obtain the compensation they deserve. Our qualified Houston car crash attorneys will work tirelessly to ensure that your rights are protected under the law. Contact our offices today at 877-CONNLAW to discuss your case today.