How to Prove Non-Economic Damages in Your Texas Personal Injury Claim

When you find yourself a victim of personal injury in Texas, you not only face the immediate consequences of your injuries but also the profound, often overlooked, non-economic impacts. Section 41.001 (12) of the Texas Civil Code recognizes the depth of these intangible losses, which range from physical pain and emotional suffering to loss of companionship and enjoyment of life. Unlike the straightforward calculation of economic damages like medical bills or lost wages, quantifying non-economic damages requires the experienced guidance of attorney Chaile Allen.  

Calculating and proving non-economic damages is essential, yet pain, psychological suffering, and loss of quality of life do not come with a price tag. At The Law Firm of Chaile Allen, Chaile handles all aspects of your case so you recover the full compensation you deserve under the law.

Types of Non-Economic Damages You May Recover in a Personal Injury Case 

Non-economic damages are intended to compensate a victim for various intangible losses. In Texas personal injury cases, non-economic damages generally cover the following:

Pain and Suffering

These types of damages refer to the physical and emotional distress resulting from injuries. This encompasses both the immediate pain experienced after the injury and any ongoing or future pain expected from chronic conditions, lasting disabilities, or reduced mobility.

The compensation amount for pain and suffering is influenced by the severity and duration of the pain. For example, severe injuries causing intense or long-lasting discomfort can lead to higher compensation.

Mental or Emotional Pain and Anguish

Emotional distress is the psychological impact caused by physical injuries, including conditions such as anxiety, depression, fear, anger, and severe mental health issues like PTSD. 

Emotional distress can be debilitating; for instance, someone may develop a fear of driving after a serious car accident or suffer from low self-esteem due to disfigurement. 

Loss of Consortium

Loss of consortium traditionally refers to the impact of an injury on a marital relationship but has expanded to include relationships between parents and children. Serious injuries can affect an individual’s ability to show love and affection, engage in activities, perform household tasks, child-rearing, or maintain a sexual relationship.

Loss of Companionship

Loss of companionship refers to the intangible benefits lost when a family member is injured or dies due to another’s negligence. This includes the deprivation of love, affection, care, comfort, moral support, and familial relationships that cannot be monetarily quantified.

Proving Non-Economic Damages in Your Texas Personal Injury Claim

Successfully proving negligence and the extent of non-economic damages involves a thorough understanding of the law and the ability to manage the complexities of personal injury cases.

In Texas, establishing negligence involves the following four key elements:

Duty of Care

First, it must be shown the opposing party holds a duty of care towards the victim. This means the opposing party has a responsibility to act reasonably to avoid harming others. The specifics of this duty can depend on the relationship between the parties and the context of the situation. For example, motorists must drive safely to protect others on the road.

Breach of Duty

Next, attorney Chaile Allen must demonstrate that the opposing party breached this duty of care. A breach occurs when the opposing party’s actions fall short of what is expected under the circumstances, such as when a doctor does not provide the standard level of care.

Causation

The third element is causation, where it must be proven that the opposing party’s breach of duty directly caused the injury. This often requires showing the injury would not have happened if not for the opposing party’s negligence. Expert testimony is frequently used to help establish this link.

Damages

Finally, Chaile Allen will show that you suffered actual damages due to the opposing party’s negligence. This can be shown for non-economic damages through expert testimony, personal diaries of how life has changed before and after the accident, experiences from family and friends, and more.

Speak With The Law Firm of Chaile Allen Today 

Chaile Allen understands how challenging it can be to document and prove non-economic damages in personal injury cases. Chaile Allen’s deep roots in West Texas and a proven track record of effective legal representation make her a reliable partner in your pursuit of justice.

Chaile Allen is dedicated to providing compassionate, personalized service to each client. Her independent, community-centered approach ensures that your case receives the attention it deserves. Let Chaile Allen help you navigate the complexities of your personal injury claim and strive for the compensation you deserve. Contact The Law Firm of Chaile Allen at (325) 670-9282 or visit our contact form to schedule a consultation.