What Type of Damages Can I Receive in a Car Accident Claim?

Motor vehicle collisions in Texas often result from another driver’s negligence. Depending on the facts surrounding the accident, if you were injured in a collision that happened because of another motorist’s careless or dangerous driving, you may be able to file a civil lawsuit. In many traffic accident cases, the injured person can file a civil lawsuit against the at-fault driver, but it is important to discuss the details of your case with a Texas car accident attorney because you may be able to sue more than one party. In some cases, for example, the driver’s employer may be liable, or the owner of the vehicle may be liable, and such parties may have deeper pockets than the negligent driver.
If you do file a civil lawsuit after getting injured in a car accident, you are likely wondering about the kinds of damages that you might be able to expect to receive. The monetary awards in car crash cases are determined on a case-by-case basis because they are based on the specific losses that the plaintiff has experienced. However, we can provide you with general information about damages in Texas civil lawsuits to help you get a sense of what you might be able to anticipate in your own car accident claim.
Compensatory Damages in Texas Car Accident Lawsuits
Most people who are injured in a car accident lawsuit will be eligible to seek compensatory damages. Compensatory damages are designed to compensate — as the name suggests — a plaintiff for the losses they have suffered as a result of the defendant’s negligence or intentional conduct. Compensatory damages, as the Texas Civil Practice and Remedies Code explains, includes both economic and noneconomic damages, but does not include exemplary damages.
Economic damages are defined as “compensatory damages intended to compensate a claimant for actual economic or pecuniary loss.” This type of compensatory damages compensates for direct and objective losses where the amount is not in question — such as hospital bills or lost wages. Noneconomic damages, differently, are subjective. They are “damages awarded for the purpose of compensating a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and all other nonpecuniary losses of any kind other than exemplary damages.”
While you may not be able to pinpoint the precise amount of money you may be awarded in a car accident lawsuit, you can determine likely economic damages based on your specific losses and likely future losses, and your attorney can help you to estimate possible noneconomic damages.
Exemplary Damages in Accident Cases
Exemplary damages are not commonly awarded in car accident lawsuits, but they may be awarded in limited circumstances. Exemplary damages are “awarded as a penalty or by way of punishment but not for compensatory purposes.” Unlike compensatory damages, exemplary damages — sometimes known as punitive damages — are aimed at punishing especially bad conduct by the defendant.
Under Texas law, exemplary damages can only be awarded in cases where a plaintiff proves by clear and convincing evidence that their injuries resulted from the defendant’s fraud, malice, or gross negligence.
Contact a Texas Auto Accident Lawyer Today
Were you injured in a motor vehicle collision in Texas? If another party is at fault for your injuries, you may be able to file a civil lawsuit in order to seek damages. One of the experienced Texas personal injury attorneys at John Reed, Attorney at Law can speak with you today about your options. Contact us to learn more or to get started on your car accident lawsuit.
Sources:
statutes.capitol.texas.gov/docs/cp/htm/cp.41.htm
casetext.com/statute/texas-codes/civil-practice-and-remedies-code/title-2-trial-judgment-and-appeal/subtitle-c-judgments/chapter-41-damages/section-41003-standards-for-recovery-of-exemplary-damages