You can claim compensation for your losses if you have been injured because of another person’s malice or negligence. Regarding a personal injury case (negligence), you can claim for past or future damages. This will help you cover medical bills and other financial burdens like loss of income.
It is important to know how your damages will be calculated. This will show you how much your personal injury case is worth.
What Do Past and Future Damages Mean?
Before you and your lawyer can calculate your losses, you must separate them into past and future damages. When you claim for past damages, this refers to the losses you have already suffered.
These losses include everything from medical bills to loss of income and pain and suffering. The timeline is from the day of the accident to the day you receive a verdict or settlement.
Future damages usually apply to severe or catastrophic injury cases. They refer to losses you will still suffer after your case is resolved. This includes ongoing medical treatment and rehabilitation. It also includes emotional distress, pain and suffering, and reduced earning capacity over the long term.
The goal of claiming past and future damages is to ensure you can regain financial stability.
Types of Past and Future Damages
In Texas, past and future damages can look like this:
Medical Expenses
Your past medical expenses will include the emergency room or urgent care visit right after an accident. It will also include subsequent hospital stays, surgeries, medications, and other treatments you have already been billed for. If you already paid for them, they remain past damages.
Future medical expenses include long-term care. This can be hospital or at-home care. It also refers to physical therapy and medications you will need after settling your case. When you and your lawyer calculate your losses, you must include these damages as anticipated costs.
Loss of Income
If you cannot work right after your injury, your legal claim can help you recover your lost income.
If your injury means you cannot work in the future, you can seek compensation for the income you would and should have earned.
Pain and Suffering
Pain and suffering from an accident are not only considered past damages. You can claim for pain and suffering from the date of the accident and injury to the resolution date of your case. However, you can also claim for future pain and suffering if your injury will cause long-term issues.
Future pain and suffering include emotional distress and a reduced quality of life.
Disfigurement and Disability
If your injury left you with an amputation or permanent disfiguration, your settlement must include payment for the suffering you have already experienced. Furthermore, if you must modify your home because of your disability, your settlement should reflect this.
If the doctor expects your condition to worsen without future surgery and treatment, your compensation must account for this long-term impact.
Loss of Consortium
It is not uncommon for victims suffering injuries after accidents to withdraw from their partners. This happens for various reasons, and if it is your reality, you may receive more compensation.
Loss of consortium is whenever your injuries affect your relationship with your spouse. Your lawyer can include a legal term in your initial demand letter.
Moreover, if the impact of your injuries means you can no longer enjoy life, hobbies, and recreational activities, you can receive compensation for these future losses.
How to Prove Past and Future Damages
Before you can claim any damages, you need evidence. Your lawyer can help you prove damages using the following:
Past Damages:
- Medical records and bills. Since past damages refer to losses that have already occurred, you need proof of receipts, bills, and medical records.
- Tax returns and pay stubs. These documents can prove that your injuries resulted in a loss of income.
- Expert testimony. Sometimes, you will need a doctor or other medical expert to testify that you need specific treatments and surgeries for your injuries.
- Pain journal. A pain or personal injury journal can help you document your pain and emotional suffering. You can also get a family member or loved one to testify about your suffering.
Future Damages:
You need strong evidence if you want an insurer or court to include future damages in your settlement.
- Medical expert testimony. This testimony will be valuable when estimating future medical needs and expenses.
- Economic expert testimony. If you want to prove the impact of long-term loss of income and earning potential, you may need an economic expert’s testimony.
- Life care plans. These reports will clearly show what your future treatments and living arrangements will cost.
Texas courts need a reasonable degree of certainty that future damages are inevitable. So, the more evidence you can provide, the stronger your claim will be.
Factors That Affect Compensation Claims in Texas
Several legal guidelines in Texas will affect how much compensation you can get.
- Comparative fault rule. Texas follows modified comparative fault laws. If you are partially to blame for an accident that caused your injuries, your compensation will be reduced. And, if you are more than 50% responsible, you may not be able to claim at all.
- Depending on the nature of your legal case, no compensation limits may apply. However, non-economic damages have a limit of $250,000 per defendant if you pursue a medical malpractice case. The total cap is $500,000 per institution.
If you want to include punitive damages, these have a limit of $200,000 or twice the economic damages plus $750,000, whichever is greater.
Keep in mind that the Texas statute of limitations is two years. You may lose the right to claim compensation if you do not file within this timeframe.
Hiring a Lawyer to Help You Create a Strong Case
Personal injury cases are complex, especially if you want to include future damages in your claim.
With the help of a lawyer, you can get the evidence you need to prove past and future claims. Your lawyer will also handle all negotiations with insurance companies and calculate your damages accurately.
It is crucial to consult a lawyer immediately after sustaining an injury to have the best chance of success.
