9 Types of Compensation Claimed in Texas Car Accidents
If you were to contact the Majors Firm after suffering a personal injury in a car accident, we would evaluate your case to determine what claims, if any, you could make against other parties. Texas law recognizes nine different types of compensable claims. Would they all apply you? That would depend on the circumstances of your case.
All nine types of claims fall under one of two categories: economic and non-economic damages. The word ‘damages’ refers to the negative impact experienced by the injured party. If another driver hits you and breaks your leg, the amount of money you pay to seek medical care would be considered a financial damage to you.
Below are the nine types of compensable claims allowed in Texas. Note that the first four are economic; the remaining five are non-economic.
1. Past and Future Medical Expenses
The first compensable claim is the one that most people are familiar with. It covers past and future medical expenses. These types of claims tend to be the most expensive in Texas due to the high cost of medical care. Even a minor injury can result in tens of thousands of dollars in medical bills.
2. Lost wages
Also known as loss of past earning capacity, this second compensable claim is intended to recover money that would otherwise have been earned had the injured party not been injured. It covers lost wages from the time of the accident to the time of litigation.
3. Loss of Future Earning Capacity
Similar to lost wages, we can file a claim to recover future wages that will not be earned due to injury. A good example would be an accident that results in brain injury. The injured person will never work again, so all future earning capacity is gone.
4. Loss of Household Services
In the event an injury results in the injured party no longer being able to perform normal duties around the house, we can file a compensable claim to recover the monetary value of those duties. This is a harder claim to win due to the burden of proof.
5. Pain and Suffering
Next to medical expense claims, pain and suffering is probably the second most familiar compensable claim. Pain and suffering claims are filed as a way to provide some measure of relief to make up for the trauma of personal injury. Pain and suffering claims can be based on both past and future suffering.
6. Mental Anguish
This form of compensation is similar to pain and suffering but with one important difference: where pain and suffering relates largely to the physical, mental anguish deals with the emotional consequences of a serious accident.
7. Physical Impairment
Next is the physical impairment claim. It is similar to lost wages and loss of future earning capacity in that it deals with physical injuries, but the difference here is that physical impairment is compensation for a loss of quality of life.
Compensable claims based on disfigurement relate to parties whose injuries have significantly altered their personal appearance. It generally relates to things like amputations, scarring, etc.
9. Loss of Consortium
This final non-economic compensable claim relates to the loss of social interactions related to personal relationships. This sort of claim can only be filed on behalf of an injured party’s spouse or children. Relationships with extended family members and friends do not qualify.
Texas law offers parties injured in car accidents quite a few options for compensable claims. If you have any questions about claims involving you case, please contact us.