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ECONOMIC RECOVERY FOR ACCIDENTS AND INJURIES 

If you have suffered harm as a result of an accident or injury, you may be entitled to receive economic recovery from those who are at fault. 

What you can recover will depend upon the kind of damages you experienced because of the accident or injury -- both during and after the incident. (In some cases, your family members may also be entitled to recover, to the extent that your injury affected their relationship with you.) 

Generally, you may be able to recover money damages for the following types of losses, where they apply:

 

  • Medical Expenses you've incurred in the past;

  • Medical Expenses you expect to incur in the future;

  • Pain, suffering and mental anguish you've experienced in the past;

  • Pain, suffering and mental anguish you are likely to experience in the future;

  • Lost wages if you missed work due to your injuries;

  • Lost wages if you are expected to continue to miss work in the future;

  • Loss of wage earning capacity in the past if your injury has prevented you from working at the same level you could have before even if you weren't working at the time;

  • Loss of wage earning capacity in the future if your injury will prevented you from working at the same level you could have before even if you aren't working for the foreseeable future;

  • Physical Impairment in the past, if your injury prevented you from participating in your usual activities;

  • Physical Impairment in the future, if your injury will continue to prevent you from participating in your usual activities;

  • Loss of spousal consortium in the past (damages which would come to your spouse) if you were unable to provide comfort, companionship, counsel, service and advice because of your injuries;

  • Loss of spousal consortium in the future (damages which would come to your spouse) if you will be unable to provide comfort, companionship, counsel, service and advice in the future because of your injuries;

  • Scarring and disfigurement, if the accident resulted in such injuries.
     

There may be other money damages available to you because of your particular injury. An experienced personal injury attorney can explain to you the types of damages which you may have coming. 

To get an idea of the types of damages for which legal recovery is possible, browse the following glossary, which defines almost every type of legal compensation available to a plaintiff in a personal injury case. Remember that an experienced attorney will explain your options, and will work to ensure that you receive all compensation to which you are entitled under the law in Texas. 

Disfigurement. When an accident or injury has left a person deformed or disfigured, e.g., by scars or other permanent effects on personal appearance, the injured person (the "plaintiff") may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish. 

Future medical expenses. This type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. The proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor. 

General damages. Compensation for harm that ordinarily results from wrongful conduct, such as physical and mental pain, anguish, and loss of enjoyment of life after an accident or injury. These damages cannot be proved with any clear specificity, but are awarded based on the fact that they normally follow from an accident or injury. 

Household services. The cost of hiring somebody to do things around the house while the plaintiff is recuperating from an accident or injury, provided that the expense would not have been incurred had the plaintiff not been injured. These kinds of damages are sometimes included as part of medical expenses. 
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