Available Damages in Personal Injury Cases

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One of the key components of a negligence action is a claim for damages. Without damages, there is no negligence. Damages vary based on the cause of action. For personal injury cases, such as negligence, products liability, or intentional torts, a claim for damages can be broad and diversified. However, most all personal injury claims encompass common damages as listed under the Texas Pattern Jury Charges.

Here are the types of damages that can be awarded for personal injury cases:

Physical pain: this claim can include damages for past physical pain and future physical pain.
Mental anguish: available in nearly all personal injury cases where there was physical injury or cases where there was no physical injury and comply with certain conditions requisite, mental anguish damages include past and future mental anguish as well as for aggravation of pre-existing medical conditions.
Disfigurement: this claim can include damages for past and future 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.
Physical impairment: this claim can include damages for past and future physical impairment. Physical impairment is defined as loss of enjoyment of life, such as inability to participate in sports, hobbies, or other recreational activities. Physical impairment must be more than and separate from claims for pain and suffering, mental anguish, or loss of earning capacity.
Medical expenses: this claim can include damages for past and future medical expenses. Medical expenses include costs of hospital care, doctors’ care, or other health care services.
Loss of earning capacity: this claim can include damages for past and future loss of earning capacity. Under the Damages Act, loss of future earning capacity is defined as “a pecuniary loss incurred after the date of the judgment and includes loss of income, wages, earning capacity, and inheritance.”
Loss of consortium: this claim can include damages for past and future loss of consortium. This a loss of love, affection, protection, emotional support, companionship care, and society that can occur when a family member is injured.
Loss of services: this refers to the performance of household and domestic duties. A spouse or parent are the only ones that can claim a loss of services.

These of course refer to the personal injury damages and do not include other damage that may arise out of an accident. For a full review of your personal injury case, contact our office as follows: