Types of Damages Recoverable in a Personal Injury Claim

If you’ve been injured due to someone else’s negligence, your life can change in an instant, but those changes can last for months, years, or forever. Medical bills pile up, you may be unable to work, and the physical and emotional toll can be overwhelming. Texas personal injury law allows injury victims to seek compensation—known as damages—to help offset the harm they’ve suffered. But what types of damages can you recover, and how are they determined?

At McLemore, Reddell, & Story, P.L.L.C., we believe in educating our clients so they can make informed decisions about their cases. Here’s what you need to know about the types of damages potentially available in a Texas personal injury claim. For help after a personal injury in Texas caused by another’s negligence, contact our office to speak with an experienced and successful Houston personal injury lawyer dedicated to fighting for you and getting results.

Three Main Categories of Damages in Texas Personal Injury Claims

In a personal injury case, damages fall into three primary categories: economic damages, non-economic damages, and punitive or exemplary damages. Each type serves a different purpose and is based on different aspects of your loss.

Economic Damages: Tangible Financial Losses

Economic damages are intended to reimburse you for the actual financial losses you’ve incurred or will incur because of your injury. These are typically fairly straightforward to calculate and can be supported with documentation like bills, receipts, invoices, and wage records.

Common types of economic damages include:

• Medical expenses: These include hospital bills, surgeries, doctor visits, prescription medications, physical therapy, durable medical equipment, and any future medical treatment you are likely to need as a result of the injury.
• Lost wages: If you missed work while recovering from your injury, you may be entitled to compensation for your lost income.
• Loss of earning capacity: If your injury leaves you unable to return to your previous job or limits your future earning potential, you can recover damages for that lost capacity.
• Property damage: In cases involving vehicle accidents or other incidents that damage your personal property, you may be entitled to the repair or replacement value.
• Out-of-pocket costs: This can include expenses such as transportation to medical appointments, medical equipment, or home modifications needed because of a disability.

Because these damages are based on actual costs, it’s important to maintain thorough records from the beginning of your recovery.

Non-Economic Damages: Intangible Losses

Not all the harm caused by a personal injury is expressly financial. Non-economic damages are designed to compensate you for the more personal, subjective impact of the injury—things that can’t easily be measured in dollars but are very real.

Common types of non-economic damages include:

• Pain and suffering: This accounts for the physical pain and discomfort you’ve experienced due to the injury.
• Emotional distress: Many injury victims suffer from anxiety, depression, post-traumatic stress disorder (PTSD), or other emotional challenges.
• Loss of enjoyment of life: If your injury prevents you from enjoying activities you once loved—such as hobbies, sports, or time with family—you may be entitled to compensation.
• Loss of consortium: In some cases, your spouse or family members may be able to claim damages for the loss of your companionship, care, or support due to the injury, including marital relations.

Unlike economic damages, non-economic damages are more subjective and can vary widely from case to case, although they can be tied to the economic damages in some instances as a method for calculating them. At McLemore, Reddell, & Story, our attorneys are experienced at presenting compelling evidence—such as witness testimony, medical evaluations, and your own account—to demonstrate the full scope of your suffering.

Punitive Damages: Holding Wrongdoers Accountable

Punitive damages (also known as exemplary damages in Texas) are not available in every case. These damages are designed not to compensate the victim, but to punish the wrongdoer for particularly egregious or malicious conduct and to deter similar behavior in the future.

To recover punitive damages in Texas, the injured party must prove—by clear and convincing evidence—that the defendant acted with fraud, malice, or gross negligence. The verdict of the jury must also be unanimous in favor of exemplary damages. This is a high bar to meet, and these damages are typically awarded in cases involving drunk driving, intentional harm, or reckless disregard for safety.

Texas law also imposes caps on punitive damages, which can affect how much a jury may ultimately award. Exemplary damages cannot exceed either twice the amount of economic damages plus up to $750,000 in noneconomic damages or $200,000, whichever is higher. Punitive damages send a strong message that reckless behavior will not be tolerated, and our team puts in the extra work required to prove punitive damages in appropriate cases.

Factors That Influence the Amount of Damages

Every personal injury case is unique, and the total amount of damages you may recover depends on several factors, including:

• The severity and permanence of your injuries
• The extent of your medical treatment and recovery
• Whether your ability to work has been affected
• The clarity of fault and strength of the evidence
• The credibility of the witnesses and parties involved
• The insurance coverage available
• The conduct of the defendant
• Whether the case settles or goes to trial

That’s why it’s critical to work with a legal team that thoroughly investigates your case and understands how to present it effectively, whether in settlement negotiations or in front of a jury.

Why Having the Right Lawyer Matters

Accurately identifying and calculating damages is a critical part of any personal injury claim. Insurance companies often try to downplay or deny non-economic damages and will rarely account for future losses unless pressed by a skilled attorney. At McLemore, Reddell, & Story, our lawyers bring decades of trial experience to each case and know how to fight for the full compensation our clients deserve. We take the time to understand how your injury has affected every part of your life, and we build a case that reflects the true cost of your loss. Whether through strategic negotiation or persuasive courtroom advocacy, we are committed to maximizing your recovery.

Contact McLemore, Reddell, & Story, P.L.L.C. Today

If you’ve been injured in an accident caused by someone else’s negligence, you may be entitled to a wide range of damages. Let us help you understand your rights and pursue the full compensation you’re owed. Contact McLemore, Reddell, & Story, P.L.L.C. today for a free consultation with an experienced Houston personal injury attorney. We serve clients across Texas and are ready to stand up for you.