Personal Injury Lawyer
in Houston, Baytown and Galveston, Texas
What Are Your Damages Under Texas Law?
The law allows you to recover for certain losses when you are injured because of the negligence or carelessness of someone else. These losses are commonly referred to as your damages. Under Texas law, all personal injury damages must be documented by an acceptable form of proof. Medical and repair bills, statements from employers, testimony from doctors, mechanics, or economists and the testimony of the injured person themselves and their family are examples. The following are a general list of damages that occur in most personal injury claims:
- An injured person may recover reasonable expenses incurred for medical, surgical, hospital, and nursing services and any other items reasonably and necessarily incurred in effecting a cure of one’s injuries.
- Future medical expenses, which in “reasonable medical probability” will be incurred are also recoverable.
- You may recover for past and future pain and suffering.
- You may recovery for past and future mental anguish.
- You may recovery for lost wages in the past, expected future lost wages and in some case loss of wage earning capacity if you can not do work in the future that you could do in the past.
- One may recover for impairment if he/she shows that there is a disability that extends beyond mere pain or lost earning capacity.
- Your family members may recover for impairment of familial interest known as loss of consortium.
- Exemplary damages may be assessed if it is found that the responsible party acted with malice (formerly known as gross negligence but still defined similarly).
- Damage to property such as a damaged vehicle, broken glasses, a ruined suit etc... You may recover for the cost of repair and diminution in value of the property.
The law requires that these elements of damages be proven to a reasonable degree of certainty through reliable evidence. Attorney’s refer to this as “proving up” the damages. This may be done through depositions, affidavits or live testimony in court. It often takes months to “prove up” damages, so it is important to tell your attorney well in advance of your trial date all of your damages and give him any proof (i.e. receipts, bills etc...) at least 90 days before trial.
For more information about personal injury and Texas law, contact us today.
Providing Comprehensive Legal Representation to Clients in
Houston and Throughout the Texas Gulf Coast
Marc Whitehead & Associates – Attorneys at Law, L.L.P.
5300 Memorial, Suite 725 | Houston, Texas 77007
Houston: (713) 228-8888
Fax: (713) 225-0940
Toll Free: (800) 562-9830
