Spinal Injury Lawyers of Texas
Call For Your Free Consultation (888) 308-3998
What Damages Can I Recover In A Spinal Cord Injury Case In Texas?
Trusted Spinal Injury Texas Attorneys!
You pay nothing unless we win.
Have you suffered a spinal cord injury from an accident?
Speak with a spinal cord injury attorney today.
Call the lawyers you can trust to fight for the justice and compensation that you deserve.
Spinal Injury Lawyers of Texas will fight for the largest verdict or settlement possible.
Recoverable Damages After A Spinal Cord Injury In Texas
Sustaining a spinal cord injury (SCI) is a serious event that can cause extensive physical, emotional, and financial harm. If your SCI was caused by the careless or wrongful actions of another person, you may be able to seek compensation for the damages you suffered. In Texas, spinal cord injury cases may lead to significant compensation, covering both financial losses and intangible damages.
Economic Damages
Economic damages are measurable losses that can be expressed in monetary terms. These losses represent the actual financial costs incurred as a direct result of the spinal cord injury. In a spinal cord injury case in Texas, the economic damages that can be recovered are usually divided into several categories:
Medical Expenses
The expenses related to medical treatment are a significant part of the economic damages recoverable in a spinal cord injury case. These expenses involve the cost of hospitalization, surgeries, rehabilitation, and other medical procedures necessary for the injured person’s recuperation. For instance, a spinal cord injury victim may need multiple surgeries, rehabilitation therapies, and assistive devices like wheelchairs or mobility aids, all of which can result in substantial expenses. These expenses can be claimed as economic damages in a legal case seeking compensation.
Lost Income And Earning Capacity
When a person suffers a spinal cord injury, it can result in a significant decrease in their income. There may be instances where the individual is unable to work due to the severity of the injury. In such cases, economic damages related to lost income can cover both the past and future lost wages and the loss of earning potential. For instance, if an individual was earning $50,000 per year as a construction worker but can no longer work due to a spinal cord injury, they may be entitled to recover the income they have already lost and the income they would have earned in the future. Furthermore, if the injury prevents the individual from pursuing their chosen career, they or may be eligible to recover damages for the loss of earning capacity.
Property Damage
If a spinal cord injury is caused by a motor vehicle accident, there may be property damage that needs to be addressed. This can include damage to the injured person’s vehicle or any other property that was damaged in the accident. In such cases, the injured person may be entitled to recover the cost of the damaged property as part of their economic damages in a legal claim.
Other Economic Damages
In addition to medical expenses, lost income, and property damage, there are other types of economic damages that can be sought in a spinal cord injury case. These damages may include the cost of in-home care or modifications to the injured person’s living space, such as the installation of wheelchair ramps or bathroom grab bars. Any other expenses incurred due to the injury, such as transportation costs or the cost of specialized equipment, can also be considered economic damages.
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 308-3998
Non-Economic Damages
Non-economic damages in a spinal cord injury case in Texas refer to losses that are not easily calculated in monetary terms. These damages are subjective and based on the injured person’s intangible losses, including pain and suffering, emotional distress, and a decrease in quality of life. Here are some of the non-economic damages that can be recovered in a spinal cord injury case in Texas:
Pain And Suffering: Pain and suffering refer to the physical and emotional distress caused by the injury. This includes chronic pain, discomfort, and mental anguish. For example, a person with a spinal cord injury may experience severe pain that requires medication, physical therapy, or other treatments to manage.
Emotional Distress: A spinal cord injury can have a significant impact on a person’s mental health, causing anxiety, depression, and other emotional issues. For instance, a person may feel hopeless or helpless due to their injury and experience emotional distress as a result.
Loss Of Enjoyment Of Life: The injured person may no longer be able to participate in activities they once enjoyed, such as sports or hobbies. They may also be unable to travel or engage in other leisure activities. The inability to enjoy life as they once did can result in significant emotional distress.
Loss Of Consortium: This refers to the loss of companionship and affection from a spouse or partner due to the injury. For example, if a person with a spinal cord injury is no longer able to have physical intimacy with their partner, it can lead to a loss of intimacy and affection.
Disfigurement And Scarring: A spinal cord injury may result in visible scarring or disfigurement, which can lead to emotional distress and a loss of self-esteem. For instance, a person may be self-conscious about visible scars or disfigurement caused by the injury.
Punitive Damages
In a spinal cord injury case in Texas, punitive damages are a type of compensation that is only awarded under specific conditions. Unlike economic and non-economic damages, these damages are not meant to compensate the injured person for their losses. Instead, the primary objective of punitive damages is to punish the defendant for their extreme misconduct and to prevent them from engaging in similar actions in the future.
When Are Punitive Damages Awarded In A Spinal Cord Injury Case?
To receive punitive damages in a spinal cord injury case in Texas, it is necessary for the defendant’s behavior to be considered especially bad. This implies that the defendant’s actions must have been done on purpose, with great negligence or recklessness. Additionally, the court must determine that the defendant’s behavior caused the plaintiff’s injury and that the injury was a direct result of the defendant’s behavior.
Certain examples of conduct that may qualify for punitive damages in a spinal cord injury case in Texas are driving while under the influence of drugs or alcohol, carrying out an intentional assault or battery, or exhibiting severe negligence in the operation of machinery or equipment.
How Are Punitive Damages Calculated?
In contrast to economic and non-economic damages, punitive damages in a spinal cord injury case are not based on the injured person’s losses but on the defendant’s conduct and financial capacity. They aim to penalize the defendant for their behavior and prevent similar actions from occurring in the future.
Texas law sets a cap on the amount of punitive damages that can be awarded in most cases. The limit is typically twice the amount of economic damages awarded to the injured person plus up to $750,000 for non-economic damages.
Suffering From Injury After An Accident?
We will fight so you can settle for more!
Examples Of Damages Recoverable After A Spinal Injury In Texas
The case of Estate of Amie Hall v. City of Austin involved a woman who sustained a spinal cord injury after falling off a cliff while hiking in a public park. The jury awarded $5.5 million in damages, which included $2.5 million for her pain and suffering and $1 million for her loss of earning capacity.
In the case of Doe v. ABC Trucking Company, a man suffered a spinal cord injury in a trucking accident, and the jury awarded him $8 million in damages. This amount included $3.5 million for his pain and suffering, $1.5 million for his mental anguish, and $2 million for his loss of earning capacity.
In the case of Smith v. XYZ Construction Company, a construction worker fell off a roof while working and sustained a spinal cord injury. The jury awarded him $4.2 million in damages, which included $1.8 million for his pain and suffering and $1.2 million for his loss of earning capacity.
It should be noted that the amount of compensation granted in a spinal cord injury case is subject to variation depending on the particular circumstances surrounding the case, as well as the severity of the injuries sustained by the victim.
Get Legal Help
Spinal Injury Lawyers of Texas is committed to providing comprehensive legal services to spinal cord injury victims. We understand the emotional, physical, and financial burden that such injuries can cause to both the individual and their loved ones. Our team of experienced lawyers is dedicated to helping victims obtain the compensation they deserve. We operate on a contingency fee basis, which means we only get paid if we win your case.
Our firm also offers free consultations to potential clients to assess their case and guide them through their legal options. We conduct thorough investigations, gather evidence, and develop strong cases to ensure responsible parties are held accountable. Every case is unique, and we take a personalized approach to each one.
At Spinal Injury Lawyers of Texas, we believe that everyone should have access to quality legal representation, regardless of their financial situation. That’s why we offer our services on a contingency fee basis. Our lawyers are passionate about fighting for justice and securing maximum compensation for our clients. If you or a loved one has suffered a spinal cord injury, contact us today for a free consultation. We are committed to helping you obtain the justice and compensation you deserve.
Concentrate on your recovery and let us handle the legal side of things. You may schedule a free consultation and case evaluation by calling Spinal Injury Texas at (888) 309-3998 or completing an online contact form. No fees unless we recover compensation for you.
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 308-3998
Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.