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One of the most common questions personal injury attorneys hear in Houston is, “How much is my case worth?” While this is an understandable concern, there is no fixed formula for valuing a personal injury claim. The value of a case depends on the types of damages involved. In a personal injury context, “damages” refer to the losses you suffered as the direct result of another party’s negligent or wrongful conduct. In this article, Hilda Sibrian explains the three major types of damages: Economic, Non-Economic, and punitive, as well as how to protect your personal injury claim.
What Are the Types of Personal Injury Damages in Texas?
Texas law generally recognizes three categories of damages: economic, non-economic, and punitive. These damages are intended to compensate an injured person for the physical, financial, and emotional harm caused by an accident.
Economic Damages
Economic damages are measurable financial losses. These damages are typically supported by bills, receipts, or employment records. Economic damages can include:
- Emergency room and hospital bills
- Physician visits and specialist care
- Surgical procedures and follow-up treatment
- Physical therapy and rehabilitation
- Prescription medications and medical equipment
- Transportation costs related to medical care
- Damage to vehicles or other personal property
- Rental car or alternative transportation expenses
- Lost wages due to missed work
- Loss of earning capacity if injuries affect long-term employment
In serious injury cases, economic damages may also include projected future medical costs and anticipated income loss. Economic damages are the most common form of damages awarded, and the most fixed.
Non-Economic Damages
Non-economic damages compensate for losses that do not have a clear dollar value but significantly affect daily life and overall well-being. These damages are much harder to obtain, and are often substantial. They may include compensation for:
- Physical pain
- Ongoing suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Scarring and disfigurement
- Physical impairment
- Inconvenience and disruption to daily activities
- Grief in wrongful death cases
Because these damages are subjective, insurance companies frequently attempt to minimize them. Strong medical documentation and consistent treatment are critical to supporting these claims.
Punitive Damages
Punitive damages are not intended to compensate the injured person. Instead, they are meant to punish particularly dangerous or reckless conduct and deter similar behavior in the future. Under Texas law, punitive damages are awarded only in limited circumstances, such as when a defendant’s actions involve gross negligence or willful misconduct. The most high-profile of these cases often see verdicts of millions of dollars – a result of what are known as “nuclear verdicts.” Since 2000, Texas has seen over 200 so-called “nuclear verdicts” totaling over $45 billion in damages.
While rare, punitive damages have historically been awarded in cases such as drunk driving collisions or incidents involving extreme safety violations. In addition, punitive damages are the most dangerous, and the most likely to be overturned. For example, Werner v. Blake saw a verdict of over $100 million – however, a Texas supreme court later overturned the verdict, ruling that the truck driver could not have possibly known the plaintiff would lose control and cross a median to hit his vehicle.
What Factors Influence Personal Injury Case Values in Texas?
Several factors affect how much compensation may be available in a personal injury case, including:
- The severity and permanence of the injury
- The length and complexity of medical treatment
- Whether the injury affected the plaintiff’s ability to work
- How strong existing evidence is for proving liability
- Availability of insurance coverage
No two cases are identical, even when injuries appear similar on the surface.
Factors That Can Reduce Compensation
Certain actions or omissions can negatively impact a personal injury claim:
Failure to Follow Medical Advice
In Texas, injured individuals have a duty to mitigate damages. If medical instructions are ignored, insurers may argue that the injuries worsened due to noncompliance rather than the accident itself.
Inconsistent Statements or Conduct
Insurance companies closely scrutinize statements, medical records, and even social media activity. Inconsistencies can be used to challenge credibility or minimize injury claims. This is why injured individuals are often advised to avoid discussing the accident publicly. For example, damages for one of the plaintiffs in Exxon Mobile v. Tamara Brown, Demarcus Friels, and Brayan Roque were reduced in part due to inconsistent reporting of Brayan Roque’s medical state – Roque originally reported “fine” and “without any injuries” immediately after the refinery explosion, but was later found to have a herniated disk.
Contact an Experienced Personal Injury Lawyer in Texas
If you have questions about damages or the potential value of your personal injury case, The Law Offices of Hilda Sibrian can help. An experienced personal injury attorney can review the facts of your case, explain the types of damages available, and help you understand your legal rights and options under Texas law.
Contact our office today for a free case review.
