Damages recoverable if you are injured in a Texas car accident
A judge or jury may find that a negligent driver is at fault for causing a personal injury to another motorist. State law also makes a reckless driver, negligent driver, drunk driver or someone texting and driving responsible if that person’s conduct is the cause of a car crash in which another person is injured. Under such circumstances, the question that arises is the types of damages that an Austin resident, for instance, may recover against the negligent or reckless driver.
Damages represent the compensation a driver or passenger may recover for the person responsible for causing the accident. Under Texas law, damages are categorized as economic, non-economic and punitive or exemplary.
Punitive damages are intended to punish the person responsible for causing the accident. Punitive damages are usually only awarded in cases where the injured party can prove gross negligence, fraud or malice on the part of the other party.
Exemplary damages are not frequently awarded in car accident cases, and when they are awarded state law places a maximum limit on the amount that a court may award to a victim.
Damages that have a clearÂ monetary value attached to them are economic damages. These could include the following:
- Lost wages
- Medical expenses
- Physical therapy and rehabilitation expenses
- Home health care and domestic services
Economic damages can be any expenses that are incurred by the injured victim which are attributable directly to the negligence or recklessness of the other party. Texas law does not limit the amount of economic damages that may be awarded to an accident victim as compensation.
The ease of producing a receipt or an invoice to prove economic damages is in sharp contrast to the challenges associated with proving non-economic damages. The difficulty comes from having to place a value on such things as pain and suffering, mental anguish, emotional distress, and scarring and disfigurement. Unlike punitive damages, Texas does not limit the amount of non-economic damages that judges or jurors may award to the victim of a car wreck.
A personal injury attorney might be a good source of legal advice on the types and amount of damages you could be entitled from a car accident claim resulting from the actions of a negligent driver.