Texas personal injury laws allow you to recover economic and non-economic damages for personal injury claims. You can calculate economic damages by simply factoring in your material losses. These may include the medical costs of your injury, lost wages, and vehicle damage or repair expenses.
In contrast, non-economic damages are harder to calculate. These are the intangible losses you may suffer in the wake of a personal injury. You will need the help of a Richmond personal injury lawyer to determine the non-economic damages you can seek. Here is a look at what constitutes non-economic damages.
Types of Non-Economic Damages
Non-economic damages typically pertain to the emotional suffering you may face due to injury-related losses. Here is a look at the common types of non-economic damages:
- Pain and Suffering – You may suffer significant physical pain and mental suffering due to your injury. The pain and suffering are typically proportionate to the severity of the injury. You can recover compensatory damages for these.
- Emotional Anguish – Injuries can create social problems for a victim. If you suffer a visible scar, for instance, or a disability, this may impact your confidence in front of others. You can seek damages for such emotional anguish brought on by the injury.
- Loss of Consortium – When you can no longer interact with your spouse or family due to an injury, this constitutes a loss of consortium.
- Loss of Enjoyment – A car accident injury may prevent you from enjoying jogging, sports, or other activities. When this is the case, you may be able to recover loss of enjoyment damages.
Some other types of non-economic damages, as set in the Texas Civil Code Chapter 41, include injury to reputation, physical impairment, and disfigurement.
Calculating Non-Economic Damages
Non-economic damages are often calculated by referring to the economic damages available in a case. Two methods are usually used to calculate these damages in out-of-court settlements. These include the multiplier method and the per-diem method.
In the multiplier method, the economic damages are multiplied by a number to yield non-economic damages. The more an injury involves pain and suffering, the higher is this number. It is typically between 1.5 and 5.
In contrast, the per-diem method pegs a definite dollar value to your daily pain and suffering. This value is then multiplied by the total number of days you suffered, or are likely to suffer, due to the injury.
When your injury claim is in a court of law, the exact amount of non-economic damages is determined by the judge or the jury. In such a case, neither of the two methods noted above may be used.
Speak with a Richmond Personal Injury Lawyer
If you have suffered a personal injury in Richmond, Texas, it is important to get legal representation. Here at The Estes Law Firm, we can help you seek both economic and non-economic damages for your injury-related losses.
Call us now at 281-238-5400 to schedule a consultation or fill out the form to submit an inquiry.