How Damages Are Calculated in an Auto Accident Case

The aftermath of a car accident can be devastating. Beyond the physical injuries, victims often face a mountain of medical bills, lost wages and emotional distress. Texas law allows injured parties to seek compensation for these losses through a claim or lawsuit. But how is that compensation measured? 

There are two types of compensation available under Texas law: economic damages (also known as special damages) and non-economic damages (also known as general damages).

Economic damages are the tangible costs associated with your injuries. These are typically straightforward to calculate because they have a specific monetary value. Here are the main categories:

  • Past and future medical bills — This includes all medical expenses incurred due to the accident, from emergency room visits to doctor appointments, surgeries and medications.

  • Costs of rehabilitation and assistive equipment — The injuries may require physical and occupational therapy, in-home care and devices like wheelchairs or prosthetics.

  • Treatment-related travel expenses — Damages can include the costs of traveling to and from doctor appointments, therapy sessions and other necessary procedures.

  • Past and future loss of income — This covers lost wages due to missed work because of the accident and any future earning capacity that may be diminished.

Non-economic damages are more subjective, as they compensate for intangible losses resulting from the accident. Here are the main types:

  • Pain and suffering — This means chronic physical discomfort experienced due to the injuries. 

  • Mental and emotional anguish — This covers psychological trauma like anxiety and depression.

  • Physical disfigurement — This covers permanent scars or deformities that affect one’s appearance.

  • Loss of consortium — This means inability to engage in intimate activities with a spouse or partner.

  • Loss of enjoyment of life — This covers the effects of physical limitations resulting from injuries.

Since there is no scientific way to assess levels of pain and suffering or emotional distress, calculating non-economic damages is subjective. It may depend on the victim’s testimony and that of experts. Juries can also use the multiplier method. It works by totaling all economic damages multiplying that sum by a number between 1.5 and 5, depending on the severity of your injuries and the impact on your life. Another method is to apply a per diem dollar amount over a set time period. However, jurors are instructed to use their common sense and practical judgment to come up with a number that fairly represents the total effect of the injuries on the victim. 

Texas does not impose caps on the damages that can be awarded in a personal injury lawsuit. As a result, damages awards can total in the millions of dollars. An experienced Texas motor vehicle accident attorney can analyze your injuries and take action to get you the compensation you deserve.

At Hope & Causey in Conroe, Texas, we are devoted to recovering the maximum damages possible for injured accident victims. If you or a family member have been hurt, call us at {PHONE) or contact us online for an initial consultation.