What Types of Compensatory Damages Can I Claim?

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With your successful personal injury claim, the Texas court will most likely order the defendant to pay compensatory damages. Otherwise known as actual damages, compensatory damages refer to the defendant’s negligent behaviors that directly caused your bodily injuries and property damages. Read on to discover the types of compensatory damages you can claim and how a seasoned Harris County, Texas personal injury lawyer at White Personal Injury can help you make this claim on time.

What types of compensatory damages can I claim in my personal injury case?

Compensatory damages may cover both the economic and non-economic damages a plaintiff has claimed to have suffered in the aftermath of their personal injury incident. Of note, Texas statute does not impose a compensatory damages cap. This is unless your particular case is about a medical malpractice incident. With that being said, the Texas court may order the defendant to pay an amount that effectively covers the economic and non-economic damages relevant to the case. More specific examples read as follows:

  • Economic damages:
    • The cost of medical bills and ongoing medical treatment.
    • The cost of lost wages or lost earning capacity.
    • The cost of repairing or replacing damaged property.
  • Non-economic damages:
    • The cost of your physical pain, mental anguish, and emotional suffering.
    • The cost of your humiliation due to your lost reputation.
    • The cost of your lost enjoyment of life.

What other types of damages can I claim?

In conjunction with compensatory damages, a plaintiff may also seek to recover punitive damages.

Otherwise known as exemplary damages, the Texas court may order the defendant to pay this to prevent from conducting such grossly negligent reckless, and willful behavior ever again. That is, the judge may order this if they believe that the amount owed in compensatory damages is not enough to have the defendant thoroughly learn their lesson.

With this, Texas statute imposes a cap of two times the amount of economic damages plus the amount equal to non-economic damages of up to $750,000. Without further ado, the exact amount the judge may order may be dependent on the following factors:

  • The defendant’s character and nature of their conduct.
  • The amount of assets the defendant has in their possession.
  • The amount of harm the plaintiff may suffer if the defendant is not adequately punished.
  • The actual harm the plaintiff already suffered from the defendant’s behavior in the personal injury incident.

How long do I have to claim these damages?

Regardless of whether you are claiming compensatory damages or a culmination of compensatory and punitive damages, you must do so within a certain timeframe. That is, the statute of limitations for your claim is two years from the date of your personal injury incident. Rest assured, our team at White Personal Injury has experience in handling cases just like yours. So please do not be afraid to reach out to a competent Harris County, Texas personal injury lawyer.

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