What Can You Recover in an Injury Case?

What Types of Things are Insurance Companies, or Others Who Caused an Injury, Required to Pay?

With at fault partied or liability insurance, the at fault driver or the driver's insurance, or if directly against some larger entity like a company or other type of personal injury, the at fault side is required to pay for those items that Texas law allows you to recover in a personal injury claim or case.  The insurance company may act like they don't believe your claims, or may try to make it difficult to present your claims, but if push comes to shove, then Texas law allows you to recover for these areas listed below. 

Topics of Interest:
Attorney's Fee in injury cases
Settling Injury Claims
Adjuster is Delaying Payment and "Investigating" Claim
Medical Care After an Accident
Notice of Hospital Lien Against Case
Should I Use My Health Insurance After an Accident?
Multiple Car Accidents and Injuries
What You Can Recover in Injury Cases

"Damages"
is the term people who work in the personal injury field use to describe how you were harmed, or suffered loss in your personal injury or wrongful death case. Most informed personal injury lawyers have started using "harms and losses" to describe damages.

In other words, if you have the following types of injury or injuries, the law in Texas (and most states) allows you to recover money to pay for the injury that was caused by the negligent conduct (or the damage that was caused, or harm that was caused, or loss that was caused).  The person or company who caused the accident or caused the injury can be forced to pay for the following injuries or damages if you have proof of the damage or injury claimed.

Damages recoverable in personal injury cases often can include the following:


Past and future medical bills: The amount of the medical bills necessary to treat your injury, both in the past and future. 

Past and future lost earning capacity:  The amount of money you could have earned had you not been injured.

Past and future lost income:  The amount of money you actually did lose due to the injury, and will lose in the future. 

Past and future physical impairment:  How you have been physically impaired in the past due to your injury, and how you will be physically impaired in the future. 

Past and future disfigurement:  How the injury has physically disfigured you in the past, and how it will do so in the future.

Past and future mental anguish:  How your physical injury has caused mental anguish to a high degree, to the point that it is more than mere disappointment, resentment, embarrassment, or anger, and how it will do so in the future.

Past and future pain and suffering:  Compensation is allowed based on the common sense, knowledge and sense of justice of a jury.  Determining the value of pain and suffering in terms of settling a claim is therefor done by trying to think of how a jury - who doesn't know anyone involved - will think the value is.

Property damage:  Damage done to your property, such as your car, or computer, or phone, or glasses is recoverable in an accident case. 

Loss of use of your property:  - such as rental car bills, or if you used your property or vehicle in your business and lost some of your income while the vehicle was not able to be driven is recoverable in a car wreck or accident case. 

Storage: If your vehicle was towed from the scene and stored in a storage yard, you will have bills for that storage.  This is recoverable in an auto accident or motor vehicle wreck case. 

Total loss of property:  If your vehicle was destroyed and cannot be repaired, you are entitled to recover the value of the vehicle just prior to the accident happening. 

Diminished value of property:  If your vehicle has been repaired, but it is now worth less money due to it having been involved in the accident, then you are entitled to recover money for the diminished value of your vehicle. 

Loss of body member or mental function:  If you have lost an arm, leg, or mental function or capacity due to the accident or injury, then you may recover damages for the harm that was caused. 

Loss of consortium (spouse, parental, child/filial):  If the injury severe enought that it has caused you to no longer enjoy the companionship of your family members, then you are entitled to recover for how this has damaged your family relationships.

Loss of services:  If a husband or wife can no longer do their normal household duties due to the injury, then they are entitled to recover for this. 

Emotional/mental trauma (bystander injury):  If a closely related person actually witnesses in some way as it happens, such as sees a loved one seriously injured or killed, they are entitled to recover as a bystander for the emotional or mental trauma caused by witnessing such an event. 

Punitive Damages:  Are allowed with the purpose of "punishing" the person who caused the injury for very bad or illegal behavior, with the intent of discouraging such behavior from occurring again in the future.  Tort reform in Texas has taken the teeth out of this measure of damages, but it is still available in certain rare situations or cases - but it is limited by caps enacted by the Texas Legislature in response to the tort reform movement. 

Other damages that may be recoverable in accident and injury cases include prenatal injury, exemplary damages, prejudgment interest, attorney's fees, and
court costs.

Wrongful Death cases include the following damages (harms & losses):

WRONGFUL DEATH ACT losses that can be recovered:
Pecuniary loss (adult child, minor child, parent), loss of society & companionship, mental anguish, loss of spousal consortium, loss of parental consortium, loss of filial consortium, emotional/mental trauma resulting from contemporaneous perception of death of loved one, exemplary or punitive damages, loss of inheritance.

RECOVERABLE BY THE ESTATE in wrongful death situations:

Funeral and burial expenses, decedent's conscious pain and suffering, mental anguish, property damage, exemplary or punitive damages, and medical expenses.

In other words, the estate steps into the shoes of the decedent, as though he had not died, and makes the claims on behalf of the decedent. Any money recovered goes to the estate.

Personal Injury Areas We Help With Are:

Auto Accident and Injury Cases, Personal Injury Cases, 18 Wheeler & Commercial Vehicle Injury Accident Cases, Motorcycle Accident and Injury Cases, Wrongful Death Cases, Pedestrian Injured by Automobile Cases, Slip and Fall & Premises Cases, Workplace & Constructions Injury Cases, Dog Bite Injury Cases, Bicyclers Hit by Automobile Cases .

Types of Coverage in Automobile Injury Cases:

Automobile Liability Insurance, Uninsured Motorist Insurance, Personal Injury Protection (PIP), Medpay Insurance, Property Damage & Collision Coverages for Your AutoBy Doug Goyen, douggoyen@gmail.com 

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