If you’ve been hurt because of someone else’s negligence—whether in a car accident, slip and fall, or workplace injury—you may have the right to file a personal injury claim. But what exactly can you recover in a lawsuit? In legal terms, the losses you suffer as a result of the injury are called damages.
At Hernandez Sunosky LLP, we help injured people across Houston understand their rights and pursue the full value of their claims. This blog breaks down the different types of damages you may be able to recover in a personal injury case so that you can make informed decisions about your next steps.
Understanding the Purpose of Personal Injury Damages
Personal injury damages are meant to compensate you for the harm caused by another party’s negligence or wrongdoing. The goal is to help make you “whole” again—as much as possible—by covering your financial losses and the non-financial impact of your injury.
Damages fall into two main categories:
- Compensatory damages, which reimburse you for actual losses
- Exemplary damages, which are awarded in some instances to punish the wrongdoer
Economic (Compensatory) Damages
Economic damages are the tangible, out-of-pocket expenses resulting from your injury. These are typically easier to calculate and may include:
Medical Expenses
You may be entitled to recover the cost of all medical treatment related to your injury, such as:
- Emergency room visits
- Hospital stays
- Surgeries
- Medications
- Physical therapy
- Long-term care or rehabilitation
- Future medical expenses (if ongoing care is required)
Lost Wages
If your injury forced you to miss work, you can claim the income you lost during that period. If your injuries prevent you from returning to your previous job—or from working at all—you may also be compensated for:
- Loss of future earning capacity
- Missed promotions or bonuses
- Disability-related income reduction
Property Damage
In some cases, such as car accidents, you may be able to recover the cost of repairing or replacing damaged property, like your vehicle or personal belongings.
Non-Economic Damages
Non-economic damages compensate for the intangible losses you’ve suffered. These are more subjective than economic damages but can be equally significant:
Pain and Suffering
This includes the physical pain caused by your injury, both immediately after the incident and any chronic pain that follows.
Emotional Distress
Also called mental anguish, this refers to psychological effects such as anxiety, depression, insomnia, or post-traumatic stress disorder (PTSD) caused by the trauma of the accident.
Loss of Enjoyment of Life
If your injury prevents you from doing activities you once enjoyed—like playing sports, pursuing hobbies, or even basic daily tasks—you may be compensated for that loss.
Loss of Consortium
Spouses of injured victims may be able to recover for the loss of companionship, affection, or sexual intimacy resulting from the injury.
Exemplary Damages
While most personal injury cases focus on compensating the victim, exemplary damages serve a different purpose: to punish the defendant for especially reckless or malicious behavior and deter others from doing the same.
Exemplary damages are rare in Texas personal injury claims. They are generally only awarded when the at-fault party’s conduct was particularly egregious, such as a drunk driving crash, a company hiding a dangerous defect, or intentional harm.
Texas Law and Damage Caps
Texas places certain limits, or caps, on damages in personal injury cases:
- There are no caps on most economic or non-economic damages in standard personal injury claims like car accidents or slip and falls.
- However, in medical malpractice cases, non-economic damages are capped at $250,000 per provider (up to $500,000 total).
- Exemplary damages are capped at the greater of $200,000 or two times the amount of economic damages, plus up to $750,000 in non-economic damages.
It’s important to speak with a lawyer who can assess your specific case and explain how these laws may affect your recovery.
Why Legal Guidance Matters
Calculating damages in a personal injury case isn’t just about adding up receipts. It involves:
- Estimating long-term medical and care costs
- Assessing lost earning capacity
- Demonstrating pain, suffering, and emotional trauma
- Negotiating with insurance companies that aim to minimize payouts
At Hernandez Sunosky LLP, our experienced Houston personal injury lawyers know how to evaluate the full scope of your damages and build a case that reflects the true impact of your injuries. We’re committed to helping you secure the compensation you need to move forward.
Speak With a Houston Personal Injury Attorney Today
If you’re considering filing a personal injury claim, understanding the types of damages you can recover is essential. Whether you’re facing mounting medical bills, lost income, or the emotional toll of a serious injury, Hernandez Sunosky LLP is here to help. We’ll review your case, explain your legal options, and fight for the compensation you deserve. Contact us today for a free consultation.