Quick summary:
- Texas personal injury victims can pursue three categories of damages: economic, non-economic, and punitive.
- The filing deadline under Texas law is two years from the date of injury in most cases.
- Working with a qualified attorney can help ensure insurance companies do not minimize the compensation you are owed.
After an accident caused by someone else’s negligence, understanding what compensation you may be entitled to is one of the most pressing questions you will face. A personal injury attorney in Carrollton, TX can help you identify every category of damages available under Texas law and build the evidence needed to support your claim.
In Texas, personal injury victims can seek damages in three broad categories: economic damages, non-economic damages, and, in rare cases, punitive damages. Each category serves a different purpose, and knowing how they apply to your situation shapes the strategy your attorney will use when negotiating with insurers or presenting your case in court.
Types of Compensation Available in Texas Personal Injury Cases
Economic Damages
Economic damages cover losses that can be measured with bills, pay stubs, and receipts. These include medical expenses such as hospital bills, surgery costs, and rehabilitation, as well as lost wages for missed work due to injury, and property damage covering repair or replacement costs for damaged vehicles or personal property.
If your injuries are permanent or require long-term care, future losses also fall within this category. Compensation for permanent disability or impairment may include reductions in earning capacity, ongoing medical bills, and long-term nursing or personal care costs.
Non-Economic Damages
Non-economic damages compensate for intangible losses that are more subjective and harder to quantify, aiming to address the emotional and psychological toll of an injury. Common examples include:
- Pain and suffering
- Mental anguish, including anxiety, depression, or PTSD
- Loss of enjoyment of life
- Disfigurement from permanent scarring or physical changes
Because there is no bill or receipt for pain, Texas law allows a jury to determine a fair value for this suffering. Non-economic damages compensate for pain, suffering, emotional distress, and loss of enjoyment of life, and often make up the largest portion of settlements.
Punitive Damages
Punitive damages punish especially bad conduct. According to the Texas Civil Practice and Remedies Code, Texas caps these at $12 million, but they are rare in typical accident cases. They are generally reserved for situations involving gross negligence or intentional misconduct.
| Damage Type | What It Covers | Ease of Calculation |
| Economic | Medical bills, lost wages, property damage | Straightforward — documented losses |
| Non-Economic | Pain, suffering, emotional distress | Subjective — jury determined |
| Punitive | Punishment for gross negligence | Rare — capped by Texas law |
How Texas Law Affects Your Claim
Texas follows a modified comparative negligence rule that directly affects how much you can recover. The state follows a modified comparative negligence rule, meaning you can still collect compensation even if you are partially at fault, as long as you are less than 50% responsible for the accident, with your settlement reduced by your percentage of fault.
Timing also matters significantly. According to the Texas Civil Practice and Remedies Code, Section 16.003, most personal injury claims fall under Texas Civil Practice and Remedies Code Section 16.003, which gives injured parties two years from the accident date to file a lawsuit. Missing this deadline typically means losing your right to seek compensation forever, regardless of how strong your case might be.
Key factors that can affect your claim’s value include:
- Severity and permanence of the injury
- Strength of evidence linking the other party’s negligence to your harm
- Your documented medical treatment history
- Impact on your ability to work and perform daily activities
What an Attorney Does to Protect Your Compensation
Insurance companies work hard to minimize compensation to victims, and an experienced attorney takes pride in cutting through the often confusing legal and insurance process to ensure clients receive the full compensation they deserve.
Practice areas that a personal injury firm may handle include car accidents, truck accidents, commercial vehicle accidents, motorcycle accidents, wrongful death, premises liability, workplace injuries, and dog bite injuries. The type of case determines which evidence is most critical and which legal theories apply.
An attorney’s role typically includes:
- Gathering accident reports, medical records, and witness statements
- Retaining expert witnesses to document future medical needs or lost earning capacity
- Calculating the full value of non-economic losses before any settlement offer is accepted
- Negotiating directly with insurance adjusters to prevent lowball settlements
Frequently Asked Questions
What is the difference between economic and non-economic damages in Texas? Economic damages cover measurable financial losses such as medical bills and lost wages. Non-economic damages address intangible harm like pain, suffering, and loss of quality of life. Both are recoverable in most Texas personal injury cases.
Can I still recover compensation if I was partly at fault? Yes. Texas law allows you to recover as long as you are less than 50% responsible for the accident. Your total award is reduced proportionally by your assigned percentage of fault.
How long do I have to file a personal injury claim in Texas? In most cases, you have two years from the date of the injury under Texas Civil Practice and Remedies Code Section 16.003. Exceptions exist for minors and certain other circumstances.
What types of accidents does a Carrollton personal injury attorney handle? Personal injury attorneys in Carrollton handle lawsuits involving car accidents, truck accidents, commercial vehicle accidents, work injuries, oil rig explosions, construction injuries, premises liability, burn injuries, brain injuries, slip-and-fall cases, railroad accidents, electrical accidents, wrongful death, and many other types of personal injury.
Speak With a Carrollton Personal Injury Attorney
If you or a family member has been injured due to someone else’s negligence, the decisions you make in the weeks following an accident can significantly affect the outcome of your claim. Consulting an attorney early preserves evidence, protects your rights, and gives you a clear picture of what compensation you may realistically pursue.
Confidential case consultations are free, and you pay nothing unless your attorney wins. Fees are contingent on the successful outcome of your case. To discuss your situation with THE WRECK MAN – The Law Office of Dan Moore, call 888-2-WRECKMAN or submit your case online for a free 30-minute consultation available 24 hours a day, seven days a week.
