PERSONAL INJURY
A person injured by someone else’s negligence may be able to recover actual damages, also called "compensatory damages," to repair for the wrong or to compensate for an injury. To prove negligence the injured person must establish that the person or party who caused the injury had a legal duty or obligation to conform to a certain standard of conduct to protect others against unreasonable risks, that the person or party breached that duty and that the other person was injured as a result of the breach. The types of damages recoverable for personal injury include medical expenses, loss of earning capacity, physical impairment, disfigurement, mental anguish, physical pain and suffering and in some instances loss of consortium and services. Not all types of damages are recoverable in all cases. The specific facts of each case will control.
Medical Expenses
Medical expenses can include costs of hospital care, doctors’ services, services of other healthcare providers, laboratory tests and transportation. To recover for medical expenses, the injured person must prove that the expenses were or will be necessary to treat the injury, that the amount is reasonable, and that the expenses incurred or to be incurred were or will be paid by the injured party or on the injured party’s behalf.
Loss of Earning Capacity
Loss of earning capacity is more than merely loss of earnings or lost wages. It is the diminished ability to earn a living. In other words it is more than just lost wages or lost earnings in the past. Even an unemployed person can recover for loss of earning capacity.
Physical Impairment
Generally defined as the "loss of enjoyment of life," physical impairment encompasses the inability to participate in sports, hobbies, or other recreational activities. The impairment must be substantial in order for the person to be able to receive compensation. It is distinctly different from loss of earning capacity, pain and suffering or mental anguish.
Disfigurement
Disfigurement is defined as that which impairs or injures the beauty, symmetry, or appearance of a person or thing, or that which renders unsightly, misshapen, imperfect, or deformed in some manner. Common examples include scars, burns, and deformities.
Physical Pain and Suffering
Although very real, due to the subjective nature of physical pain and suffering, this element of damages is often questioned and even sometimes ridiculed. Although millions of dollars are spent annually by the public at large avoiding pain and suffering ---- from purchasing over the counter drugs such a aspirin or Tylenol to highly sophisticated electronic pain reducing nerve stimulating devices, jurors are sometimes suspicious of large pain and suffering claims. This is true even thought the law assumes that physical pain results from a serious injury.
Mental Anguish
Often confused with physical pain and suffering, mental anguish is different in at least two ways. First, mental anguish results only from a particularly disturbing or upsetting event. Frequently, although not required, the event causing the injury was intentional or malicious conduct. The second difference between mental anguish and physical pain and suffering is that no physical injury is necessary to recover damages for mental anguish.
Loss of Consortium and Loss of Services
Loss of Consortium and Loss of services are derivative claims. In other words they derive from the injured person’s claim but are claims made by other family members(i.e. spouse, children and parents). Loss of Consortium is based on the loss of love, affection, protection, emotional support, companionship, care, and society that occur when a family member is injured. Loss of services refers to the performance of household and domestic duties.
The above list of damage types is not exhaustive. Further, most cases do not have all of the damage types discussed above. Additionally, on occasion the person or party causing the injuries will have acted in such a manner that punitive damages are warranted. These are damages that punish the person or party causing the injury for intentional or reckless behavior. Awards for punitive damages, however, are rare in Texas. Accordingly, they have not been included in this brief discussion but should be considered under appropriate circumstances. Each case must be evaluated first, for liability and second, for damages.
We have many years experience and represent clients in a variety of personal injury claims:
- Animal Actions
- Aviation Accidents
- Car Wrecks
- Dram Shop Liability
- Premise Liability
- Product Liabilities
- Slip and Fall
- Wrongful Death Actions
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