When you are injured in an accident that was not your fault, the resulting compensation will be calculated by looking at a number of different categories of how the accident impacted your life. These categories are known as personal injury damages.

Your personal injury damages will differ depending on the type, severity, and consequences of the accident. For example, a car accident will be much more likely to involve a property damage claim than a slip and fall. Generally speaking, the more severely the injured person has their life impacted, the greater the total of compensatory damages.

To stand the best chances of maximizing their compensation, personal injury victims need representation by an experienced attorney. To find out how we could help maximize your personal injury damages, call today for a free legal consultation at no obligation.

Call us today at 713-535-9319. All your sensitive or confidential information will be protected by the attorney-client relationship of confidentiality.

Medical Expenses

Almost all types of personal injury, from a car accident to a surgical treatment mistake, will involve the necessity of medical care.

We do not need to tell you that in America, this means a big expense. Thankfully, your personal injury lawyer can help you seek compensation for the cost of your medical care – whether it was an ambulance ride, check-up, or surgical procedure.

Future Medical Expenses

Personal injury cases do not just allow you to claim for medical bills that you have already incurred, they can also help with future costs.

If you are likely to need medical attention in the future due to injuries caused by an accident that was someone else’s fault, you can claim for these medical bills too.

Collecting Proof of Your Medical Costs

An insurance company will always try to pay out as little as possible for your claims, as they are for-profit enterprises. This is why it is essential to have as much proof as possible if you want to recover damages that amount to fair compensation.

Proof of medical costs you should collect are:

  • Copies of all medical bills and documents, including any correspondence from your healthcare provider
  • Reports from doctors, physiotherapists, or other experts concerning medical treatment you may need in the future
  • Bills for any medication linked to your accident
  • Your medical history, as an insurance company will often try to pass a victim’s injuries off as pre-existing conditions

Property Damage

Some types of personal injury lawsuit may also allow you to recoup costs to replace damaged property, as long as it was damaged in an accident due to another party’s negligence.

There are some personal injury cases where this is less common, such as a slip or fall, and some where it is more common, such as a vehicle accident.

Can you Still Claim for Property Damage if Your Car Was Not Completely Destroyed?

If you were involved in a car accident and your car was damaged, but not completely destroyed, you can still get compensation as part of your personal injury claim.

You may be able to claim the cost of the repairs or the diminution in value. Diminution in value is calculated by looking at the drop in value of your vehicle before the accident and after it has been repaired. This is because a well-repaired vehicle still loses value compared to an undamaged model.

Lost Wages

Claims for lost wages are a common part of personal injury lawsuits.

These damages refer to the financial impact of a bodily injury or pain that keeps you from attending work as normal. For example, if you suffered a broken leg in a slip and fall accident due to the negligence of the property owners, you may not be able to perform your usual job duties and have to take time off instead.

Collecting Proof of Lost Wages

To stand the best chance at getting compensation for lost income in a personal injury lawsuit, you and your lawyer will need evidence.

In order to provide this evidence, you should obtain or retain the following:

  • A recent paycheque or pay stub detailing your monthly earnings, to use as proof of how much you could have earned
  • All correspondence from your employer concerning the time you have had to take off from work. For this reason, you should have all of these interactions with your workplace in writing, rather than as a phone call

Pain and Suffering Damages

Pain and suffering compensatory damages in personal injury lawsuits provide money for the injured party based on their recovery time, the pain level involved in the process, and whether they suffered any life-altering complications.

Life-altering complications can include:

  • Impairments
  • Disabilities
  • Disfigurements

How are Pain and Suffering Damages Calculated?

Pain and suffering damages are calculated first by looking at the specific monetary value of your economic damages. These economic damages are then subjected to something called the multiplier method, which takes into account non-economic damages.

To calculate your total economic damages, the following factors will be looked at:

  • The cost of any medical attention needed, including in the future
  • Any income lost as a result of the accident
  • Additional costs caused by the accident, such as childcare or transport costs that would not have been necessary otherwise

Once a figure has been reached for your economic damages, you will be assigned a number between one and five, based on the extent of your non-economic damages. One refers to minor injuries caused by the accident, like bruising or minor lacerations. Five refers to the most serious injuries, like significant internal trauma or spinal injuries.

Your economic damage figure will then be multiplied by this number, giving you the final figure for the pain and suffering damage award. However, this method is not always an exact science.

Out-of-Pocket Expenses

Out-of-pocket damages will largely vary based on your personal circumstances, the facts of your accident, and the complications you suffered as a result.

For example, you may now be unable to care for your children as before, and require the assistance of a nanny. Or you may have depended on being able to drive to and from work or appointments, but your injuries may prevent this, causing you to spend on taxis or public transport.

Collecting Proof of Out-of-Pocket Expenses

Since it is not clear-cut what expenses you will be able to claim for after cases of personal injuries, you should act in a way that preserves all possibilities for compensation.

For out-of-pocket costs, this means retaining all receipts and documentation for anything that could be argued by your personal injury law firm to be a consequence of your accident. If in doubt, keep hold of it.

Mental Anguish Compensation

As well as physical pain and suffering, you can also claim for mental pain and emotional distress that resulted from your accident.

Emotional pain of this type can include:

  • Anxiety
  • Depression
  • Post-traumatic stress disorder (PTSD)
  • Loss of enjoyment of life
  • Sexual dysfunction
  • Sleep disorders, such as insomnia or night terrors

As all human psyches and accident situations are different, emotional anguish will vary on a case-by-case basis.

If you have any questions, feel free to call our law firm for a free consultation. All of your sensitive details will be protected by the confidential relationship between you and your attorney.

The Difficulties of Claiming for Mental Anguish

Unfortunately, claiming for emotional anguish is usually much more difficult than claiming for physical pain and suffering damages.

This is because these impacts are generally more subjective and difficult to prove. Unlike with physical injuries, where an x-ray could be used as solid evidence of a broken bone, mental complications and trauma from an accident can be more difficult to pin down and prove.

However, there is hope, an experienced personal injury could win you compensation of this type.

Punitive Damages

Punitive damages are awarded when a personal injury plaintiff is a victim of somebody else’s negligence in a particularly egregious way, namely through gross negligence.

You would not normally fight for punitive damages while negotiating your settlement with an insurance company. However, punitive damages may be ordered by a judge if your case goes to court and you win.

Loss of Future Earning Potential

The complications as the result of your accident may mean you are unable to return to work in the same capacity as before. You may have chronic pain, a physical disability, or your mental anguish may prevent you from working as you did before, or even at all.

In these scenarios, your lawyer can fight for you to be awarded compensation for this loss of future earning potential.

Loss of Household Services

These damages are awarded when a spouse is injured and can no longer continue performing household services that were their usual role in the marriage.

This can may apply to gardening, cleaning, repairing appliances, or other things of this nature. Often, the ease of receiving compensation depends on the activity’s approximate cost being easy to calculate. More difficult cases often require expert witnesses.

Loss of Consortium

Loss of consortium damages are compensation for the family members of the victim of a personal injury case, usually when the injury is particularly serious or grave. These damages are specifically for spouses, parents, and children.

Between spouses, this covers things like loss of love, companionship, assistance, sexual relationships, emotional support, and overall marital relations. Between children, it covers things like love, instruction, guidance, and encouragement.

Wrongful Death Claims

Like loss of consortium, wrongful death damages are for the family members of the deceased victim of a personal injury.

Wrongful death claims in Texas include considerations for:

  • Lost inheritance
  • Lost care, support, and household earning capacity
  • Mental pain for the grieving family

Who Can Make a Wrongful Death Claim?

Only certain parties can file a wrongful death claim.

In Texas, this is the spouse, children, and parents – as with loss on consortium. This means that siblings and other people with close relationships to a personal injury victim will not be considered for these damages.

Which of the Categories Above Apply to My Personal Injury Case?

Some categories should be easy to figure out. For example, if you have spent money on medical bills, you are likely to have a case for compensation in this category.

More intricate damage types, like pain and suffering, emotional pain, and even property damage, can be harder to tell from a non-professional perspective. Thankfully, you can call our law firm today for a free consultation, where we will tell you which damages you are likely to be entitled to.

How Expert Witnesses Work in a Personal Injury Lawsuit

An expert witness is not like a regular witness, i.e., someone who saw your injury or the effects it had on you.

Instead, expert witnesses are experienced professionals called in to use their specific knowledge to pass judgment on evidence. The type of expert will vary depending on your case. For example, medical malpractice victims may benefit from an expert surgeon’s opinion.

Protecting the Value of Your Personal Injury Claim

Many people are tricked by misguided ideas that insurance companies are on their side. They are not. Insurance companies are for-profit businesses, hoping to maximize their bottom line by paying you the lowest amount possible.

Never speak to an insurance company before consulting your lawyer. They may trick you into disclosing unnecessary information, signing documents, or agreeing to a recorded interview. All of these can act as evidence later to weaken your position.

How Long You Have to Make a Personal Injury Claim

In Texas, all claims must be made within a certain period in order to qualify for compensation.

This is called the statute of limitations, and it lasts two years. The timer begins on the day your accident occurred.

We Work on a Contingency Basis

Here at Abraham Watkins, we are committing to ensuring everyone has access to a professional legal team when they are involved in an accident that is not their fault.

That is why all our personal injury lawyer work is no-win-no-fee. If your case is unsuccessful for whatever reason, it will cost you nothing. If you are successful, all fees will be taken as a percentage of the final settlement, with no upfront costs or nasty surprises.

Call Abraham Watkins Today

Our team has over 70 years of combined experience winning our clients the damages listed above, making their return to life following their injury as smooth and well-supported as possible.

If you would like to hear about how we could help you, call us today for a free consultation. We will tell you your likely level of compensation, success, and give you an idea of the legal practice, all under no obligation. Your free evaluation will be entirely confidential.Call us today at 713-535-9319