Types of Compensatory Damages in Texas Personal Injury

What do you do when a negligent person causes you harm, changing your life forever? You have the right to file a personal injury claim to recover damages. After seeking prompt medical care, it is in your best interest to consult with a skilled attorney. A knowledgeable Houston personal injury lawyer can review your case, determine if your claim has merit, and guide you through the legal steps of obtaining an accident settlement. Depending on the specifics of your case, you may be entitled to two types of compensatory damages: general and specialized.

General damages

General damages stem directly from the wrongful actions of the defendant. This means that there is a clear link between your injuries as an accident victim and the actions of the defendant. General damages are more subjective and include:

• Pain and suffering
• Mental illness
• Emotional distress

Pain and suffering cover a long range of conditions. If you wish to claim emotional trauma or pain and suffering in Texas, you must be able to show that the defendant caused you a clear and demonstrable injury.

Special damages

Unlike general damages, special damages are easily calculable. Special damages have a clearly quantifiable value. Further, special damages are specific to your situation because no other person will have the exact same financial damages as yours. Special damages include things like:

• Medical bills
• Property loss and damage
• Loss of income from time off work

Whether you suffer special or general damages, if a careless person is at fault, you deserve rightful compensation.

What is modified comparative fault?

Texas follows a modified comparative fault rule. Under the law, an accident victim may seek compensatory damages so long as they are 50% or less at fault for the accident. If they are 51% or more at fault, they are barred from taking legal action. Further, the amount of compensation you are able to recover will be reduced by your percentage of fault in the accident. For example, if you are set to receive $100,000 but are 20% at fault for the accident, you would only able to recover $80,000.

Houston accident lawyer fights for your rights

Ryan A. DeHoyos provides personalized guidance for accident victims throughout Texas. For more information on our services, or to schedule a consultation to discuss your case with a skilled injury lawyer, call (832) 745-4878 or contact us online.