What Kinds of Personal Injury Damages are Recoverable in a Claim?

Sustaining a personal injury can be a devastating experience. A personal injury may not only result in medical bills, but may also contribute to missed time at work because of lengthy recovery periods, significant pain and suffering, and other negative consequences.

Fortunately, those injured by the actions or negligence of someone else may file a personal injury claim to recover damages. The types of personal injury damages may vary from case to case. This guide is meant to help you understand the types of personal injury compensation to which you may be entitled.

Personal Injury Damages for Medical Bills

Very often, successful personal injury claims result in the injured party recovering compensation for medical bills incurred as a result of the injury. 

  • Surgery.
  • Diagnostic testing or imaging.
  • Hospital or nursing homestay.
  • and, emergency services.

Any anticipated future medical costs may warrant additional personal injury damages.

Compensation for Missed Time at Work

It is common for those who have suffered a personal injury to take time off of work to recover. If you have been absent from the workplace because of your accident-related injuries, you may be able to recover compensation for this in your personal injury claim.

Additionally, if it can be foreseen that you will need to miss extra time because of future medical treatments, or if you have been rendered disabled by an injury, you may be able to obtain further compensation as well.

Compensatory Damages for Pain and Suffering

Oftentimes victims of a personal injury may experience significant amounts of pain. In this instance, the victim may recover damages for pain and suffering, which compensates the individual for these negative consequences of the injury.

The amount of damages awarded for pain and suffering will depend on the circumstances of the accident and the nature of the injury and its effects. More severe injuries that cause long-term complications may warrant more pain and suffering damages than a relatively minor, short-term injury.

Punitive Damages in Personal Injury Claims

In some cases, it is possible for victims of personal injury to recover punitive damages, also known as exemplary damages. Exemplary damages, as defined by Section 41.003 of the Texas Civil Practice and Remedies Code, may only be recoverable if the defendant engaged in the following. 

  • Fraud.
  • Malice.
  • or gross negligence by another.

These types of damages are not meant simply to compensate the injured party, but are instead meant to punish the liable party and to deter them – and others – from ever again engaging in that type of conduct.

Personal Injury Damages Limits

Most often, there is no limit on personal injury damages in Texas. There are certain rules that apply even if you incurred your injury as a result of medical malpractice.

Section 74.301 of the Texas Civil Practice and Remedies Code contains specific rules about damage caps for medical malpractice. It limits noneconomic damages to $250,000 per defendant and $500,000 overall. There are also caps on punitive damages.

Julie Johnson Can Help with Dallas Personal Injury Claims

The best way to get started on your claim is by speaking with an attorney immediately. Section 16.003 of the Texas Civil Practice and Remedies Code allows injured parties only two years to file a claim for personal injury damages, after which it may be impossible to recover compensation.

For help with your case, feel free to contact us today at the Law Office of Julie Johnson, PLLC in Dallas. We understand the complexities of Texas personal injury law and are prepared to help you recover the personal injury compensation to which you are entitled. Reach out to us today by calling 214-290-8001 or using our online contact form.

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