If another person’s careless or wrongful conduct causes an injury, Texas law allows the injured person to recover money damages for the losses that injury caused. Damages generally fall into two categories: economic damages, which compensate for measurable financial losses, and noneconomic damages, which compensate for pain, impairment, and other losses that do not have a fixed dollar value. Bailey & Galyen represents personal injury clients across Texas, and the specific damages available in any case depend on the injury, the evidence presented, and the type of claim involved.
What Medical Expenses Can a Texas Personal Injury Victim Recover?
A Texas personal injury victim can generally recover the reasonable and necessary cost of medical treatment connected to the injury, including past treatment already received and future treatment supported by medical testimony. Under Texas Civil Practice and Remedies Code Section 41.0105, recovery of medical expenses is limited to the amount actually paid or incurred by or on the claimant’s behalf, not the full amount originally billed. When health insurance, Medicare, or Medicaid pays a provider at a negotiated or reduced rate, the injured person generally cannot recover the difference between that reduced rate and the provider’s full billed charge. For example, if a hospital bills $50,000 for treatment but a health insurer negotiates that bill down to $30,000, the amount actually paid or incurred is $30,000, so that is generally the amount the injured person can recover, not the original $50,000 charge.
What Lost Wages and Loss of Earning Capacity Damages Are Available?
An injured person can recover lost income for time actually missed from work, and separately, loss of earning capacity when the injury reduces their ability to earn income going forward. These are treated as distinct categories under Texas law. Evidence such as pay records, tax returns, and employer testimony can help establish missed income, while loss of earning capacity claims often require testimony from a vocational or financial expert to project the effect of the injury on future earning ability. For example, someone who worked as a delivery driver before an injury that prevents standing or lifting may need a vocational expert to explain what other work, if any, that person could still perform and how much less they would likely earn doing it. When an injury causes permanent and total disability, a jury may consider the present value of the income the person would reasonably have earned over their expected working life.
What Noneconomic Damages Are Available for Physical Pain and Mental Anguish?
Texas juries may award damages for physical pain and mental anguish connected to the injury. Physical pain compensates for the discomfort the injury caused; mental anguish compensates for a level of emotional harm beyond ordinary worry or inconvenience. There is no fixed formula for these damages. A jury determines the amount based on the evidence presented, including testimony about the nature, duration, and severity of the pain and its effect on the person’s daily life. Specific testimony about how an injury has affected sleep, mood, relationships, or the ability to perform daily activities typically carries more weight than a general statement that an injury was painful.
What Is Physical Impairment Under Texas Law?
Physical impairment compensates an injured person for the loss of the ability to perform activities they could do before the injury, separate from any income loss. This can include everyday tasks such as dressing, bathing, or driving, as well as activities like sports, travel, or other recreational pursuits the person can no longer do or can no longer do as they once could. A jury may award impairment damages even when the impairment is temporary, provided the injury is severe enough to have genuinely limited the person’s activities.
Are Damages Awarded for Both Past and Future Losses?
Yes. Texas juries consider damages in two separate time periods: past damages, covering the period from the date of injury to the date of trial, and future damages, covering the period after trial, generally measured against the person’s expected life span. Both categories can apply to medical expenses, lost earning capacity, physical pain, mental anguish, and impairment. Because future damages depend on a prediction about how the injury will continue to affect the person, they generally require stronger supporting evidence, such as testimony from a treating physician about the injury’s expected long-term effects.
Can Recovery Be Reduced If the Injured Person Was Partly at Fault?
Yes. Under Texas Civil Practice and Remedies Code Section 33.001, a claimant cannot recover any damages if a jury finds that they were more than 50 percent at fault for causing the accident that resulted in their injury. When a defendant raises comparative fault as a defense, the jury weighs the evidence and assigns a percentage of responsibility to each party. If the injured person’s share of responsibility is 50 percent or less, the total damages award is reduced by that percentage. For example, a jury that awards $100,000 in damages but finds the injured person 20 percent responsible would reduce the recoverable amount to $80,000.
Talk With Bailey & Galyen About a Texas Personal Injury Claim
Personal injury damages depend on the specific injury, the evidence available, and the facts of what happened. Bailey & Galyen has represented injured Texans since 1982. Our attorneys can review the circumstances of an injury, explain what categories of damages may apply, and help identify what evidence supports a claim. Contact Bailey & Galyen to schedule a free consultation.
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