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Damages Available to Victims of Negligence

April 30, 2015

In order to recover financial compensation when you suffer injuries in an accident, you must be able to prove that someone else was negligent in causing the accident or allowing your injuries to occur. This is a job best left to your Houston personal injury lawyer, as proving negligence in injury cases requires a thorough understanding of the law and significant experience with the procedures involved in successfully pursuing injury claims in Texas courts.

If you are successful in proving negligence, you will be entitled to compensation for your damages. This article provides an overview of the types of damages injury victims can recover under Texas law.

Medical Bills

Accident victims are entitled to recover for their medical expenses. This includes not only bills for doctor’s visits and prescriptions incurred to date, but the anticipated costs of future medical treatment as well.

Lost Wages

If your injuries forced you to miss time from work, you are also entitled to compensation for your lost wages.

Lost Future Earning Capacity

If your injuries prevent you from returning to work – either entirely or in your former role – you can receive payment to account for the income you would have earned if it were not for the accident.

Physical Impairment

If your injuries prevent you from doing what you love to do – or just living your daily life – that is a compensable loss as well. If you are unable to run, ride a bicycle, drive or cook for your family, these are all examples of real losses for which you can recover.

Physical Disfigurement

If you lost a limb or the accident left you with severe scars or burns, the jury might award you damages for these as well. While money won’t repair your injuries, it is the best our legal system has to offer in terms of compensation for such life-altering conditions.

Pain, Suffering and Mental Anguish

Texas law also entitles negligence victims to financial compensation for pain, suffering and mental anguish stemming from the accident. Common forms of mental anguish include:

• Stress
• Anxiety
• Depression
• Sleep disorders
• Post-traumatic stress disorder (PTSD)

Maximizing compensation for these so-called “non-economic” damages is all about presenting evidence of the severity of your discomfort and mental condition. As a result, if you are suffering, it is important to seek medical treatment and follow your doctor’s advice.

Loss of Consortium, Society and Service

Both you and your spouse may be entitled to recover additional damages if your injuries prevent you from engaging in spousal relations or if they otherwise prevent you from enjoying one another’s companionship. If you are no longer to perform regular household duties, you can recover for this as well.

Property Damage

Finally, don’t forget that you are also entitled to compensation for damage to your personal property. Repair bills and replacement costs for your vehicle, clothing, jewelry, electronics and other items should all be covered by the responsible party or their insurance carrier.

These are just some of the damages you may be able to recover in Texas, Louisiana or another state. Restrictions and limitations may apply in certain cases, such as claims for workers’ compensation.

Contact Morrow & Sheppard LLP About Your Injury Claim

An injury attorney at Morrow & Sheppard LLP can provide personalized and experienced representation for victims of other people’s negligence. To learn whether you may have a claim for compensation, contact Morrow Sheppard LLP and schedule a free, confidential consultation today.

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