When you’re involved in a car accident in Texas, understanding the full range of damages you may be entitled to is crucial for ensuring you receive fair compensation for your injuries and losses. Texas law allows for the recovery of various types of damages, which can include compensation for both tangible and intangible losses. The toll a car wreck takes on you can take many forms, including current and future physical injuries, mental anguish, and pain and suffering. Whether you’re dealing with medical bills, lost wages, or emotional and mental distress, knowing what types of damages are available can significantly influence the outcome of your case.

The Law Office of Shane McClelland, PLLC is dedicated to helping victims of car accidents in Katy and throughout Texas navigate the complexities of recovering all damages available to them in their case. With a thorough understanding of Texas personal injury law, we are committed to securing the maximum compensation possible for our clients. By partnering with us, you gain the support of a skilled legal team that will meticulously assess your case, determine all applicable damages, and advocate on your behalf every step of the way.

Common Types of Damages Available After a Car Accident in Texas

When involved in a car accident in Texas, understanding the types of damages you may be entitled to is crucial for securing fair compensation. Generally, damages awarded after a car accident are categorized into three types: economic damages, non-economic damages, and exemplary damages. Here’s a breakdown of each category:

Economic Damages

Economic damages, also known as compensatory damages, are intended to cover the tangible losses that a victim suffers due to an accident, such as expenses that have been paid for or are still owed. These are specific, quantifiable costs incurred by the accident victim and can include:

  • Medical Expenses: Costs for emergency treatment, ongoing care, rehabilitation, and any future medical treatments related to the accident.
  • Lost Wages: Compensation for the income lost due to time away from work while recovering.
  • Property Damage: Costs to repair or replace your vehicle and any other personal property damaged in the accident.
  • Out-of-Pocket Expenses: Any additional costs incurred, such as transportation to medical appointments and the purchase of medical equipment.

Economic damages are invaluable when it comes to repairing your life after an accident.

Non-Economic Damages

Non-economic damages compensate for intangible losses that make it difficult to place a monetary value. For those suffering from the losses and damages from a car wreck, it is incredibly difficult to put a dollar value on the pain and suffering they have endured. Insurance companies try to use what is called ‘anchoring’ damage. That means, essentially, they anchor (or attach) someone’s non-economic damages to their economic damages. Given the different prices people pay for the same medical services—because hospitals and doctors have contracted rates—it is unjust to anchor someone’s mental anguish and pain to what a hospital or insurance company unilaterally determines to be the reasonable value of someone’s pain. 

Of course, given the facts and results of a car wreck, non-economic damages can vary significantly from case to case, including mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and all other nonpecuniary losses of any kind other than exemplary damages (as defined in the Texas Civil Practice and Remedies Code). Non-economic damages, though intangible, are just as valuable as economic damages to your recovery. 

Exemplary Damages

Also known as punitive damages, exemplary damages are not commonly awarded in car accident cases unless the conduct of the defendant was particularly egregious and reckless. For example, a driver that has previously been charged with a DUI and is caught drinking and driving again would be considered to be exhibiting gross negligence. To be awarded exemplary damages in Texas, the plaintiff must demonstrate that the harm resulted from intentional harm or actions done with a willful disregard for the safety of others, or an act or omission which recklessly disregards the safety and welfare of the public.

Understanding these categories of damages and their applicable conditions can help you better prepare for the legal process following a car accident in Texas. Working with a knowledgeable attorney can further aid in accurately assessing and arguing for the full range of damages to which you may be entitled.

Injured in a Car Accident and Looking to Seek Compensation? Schedule a Free Consultation With Our Team Today

If you’ve been in a car accident in Texas and are wondering about the damages you could be entitled to, Attorney Shane McClelland is here to help. At the Law Office of Shane McClelland, PLLC, we will guide you through each step of your case, from conducting a thorough investigation of the accident to handling negotiations with insurance companies and representing you in court if required.

To learn more about the different types of damages available after a car accident in Texas and to discuss your specific case, call us at (713) 987-7107 or use our contact form to schedule your free case review today.