Texas and federal law provide a wide variety of remedies for people injured due to the negligence of others. When most people think about recovery in a personal injury lawsuit, they generally think of receiving compensation for medical expenses, physical pain, and mental anguish. However, there are many other avenues for recovery in a personal injury lawsuit in Texas. Here, we list and explain a few.
MEDICAL EXPENSES IN THE PAST AND FUTURE
You are entitled to recover those past medical expenses that a jury determines were reasonable and necessary as a result of the injury sustained. You are also entitled to recover future medical expenses that a qualified medical expert opines will be required within reasonable medical probability.
PHYSICAL PAIN IN THE PAST AND FUTURE
Pain and suffering is an award of damages for the physical pain that you experience due to an injury. It is an intangible damage–It cannot be measured by any objective test or study. The amount a jury chooses to award or not award for pain and suffering is largely discretionary.
MENTAL ANGUISH IN THE PAST AND FUTURE
Mental anguish is the anxiety, depression and emotional suffering resulting from an injury. You can recover mental anguish from the past as well as in the future if it is within reasonable medical probability and likely to occur. A plaintiff must introduce into evidence “direct evidence of the nature, duration, and severity of their mental anguish, thus establishing a substantial disruption” otherwise the award will be overturned on appeal.
LOST WAGES IN THE PAST AND LOST EARNING CAPACITY IN THE FUTURE
You may recover lost wages that you lost between the time of your incident and the time of trial. You can also recover what you would have earned in the future if not for the incident. We will calculate your diminished earning capacity based on your experience, education, salary, and potential for promotions or increases in income.
LOSS OF CONSORTIUM IN THE PAST AND FUTURE
Loss of consortium describes the ongoing love and support you and your family will be missing due to the untimely death or debilitating injury of a close relative. While you may never be able to return to the way things were before your accident, the law does allow for you and your family to recover financial damages for loss of consortium.
DISFIGUREMENT IN THE PAST AND FUTURE
Disfigurement has been defined by courts in Texas as an “impairment of beauty, symmetry or appearance; that which renders unsightly or deforms in some manner.” It is a separate, recognized damage element from other intangible damage elements such as mental anguish, pain and suffering and physical impairment. Scarring is a common type of disfigurement.
PHYSICAL IMPAIRMENT IN THE PAST AND FUTURE
Physical impairment is separate and distinct from loss of earning capacity and physical pain. Physical impairment damages are available to compensate a plaintiff that "may no longer engage in or enjoy activities that he or she was able to do before the injury.” The physical impairment must be to the extent that it “produces a separate and distinct loss that is substantial and for which he should be compensated.”
PHYSICAL IMPAIRMENT IN THE PAST AND FUTURE
Physical impairment is separate and distinct from loss of earning capacity and physical pain. Physical impairment damages are available to compensate a plaintiff that "may no longer engage in or enjoy activities that he or she was able to do before the injury.” The physical impairment must be to the extent that it “produces a separate and distinct loss that is substantial and for which he should be compensated.”
PHYSICAL IMPAIRMENT IN THE PAST AND FUTURE
Physical impairment is separate and distinct from loss of earning capacity and physical pain. Physical impairment damages are available to compensate a plaintiff that "may no longer engage in or enjoy activities that he or she was able to do before the injury.” The physical impairment must be to the extent that it “produces a separate and distinct loss that is substantial and for which he should be compensated.”
If You've Been Injured, Contact Us Today
At the Law Office of Daniel M. Gonzales, PLLC, we take pride in helping our clients at every step along the way to recovery. Contact a Texas Personal Injury Lawyer at the Law Office of Daniel M. Gonzales, PLLC for a free consultation today.
