What Types of Damages Are Available in Texas Personal Injury Cases?

When you’re seriously injured because of someone else’s carelessness, your entire life can change in an instant. What once felt routine—working, driving, caring for your family, enjoying time with friends—can suddenly become extremely difficult or even impossible. The physical pain is just one part of it; there’s also the stress of compounding medical bills, the uncertainty that comes with missing work, and the emotional toll of not knowing what the future will look like.

In these moments, many people wonder: What help is available? What does the law allow me to recover? In Texas, the legal system provides a pathway through something called damages: financial compensation that’s meant to account for the ways your life has been disrupted, both now and in the future.

If you’re considering filing a personal injury claim or lawsuit in Texas, it’s important that you understand what damages are, how they work, and what types might be available to you. In this guide, we provide a comprehensive overview of damages in Texas personal injury cases, including how they are awarded and how much you might be able to receive.

What Are “Damages” in a Legal Context?

In a personal injury or wrongful death lawsuit, the term “damages” refers to the money awarded to an injured person to compensate for the harm they’ve suffered. The goal of damages is to make the injured person “whole” again—to the extent that money can do so.

This is one of the things that differentiates civil cases from criminal trials. With the notable exception of punitive damages (more on those below), awarding damages is not about punishing the defendant; it’s about recognizing the real-life consequences of an injury—things like medical bills, lost income, pain, and trauma—and assigning those consequences a dollar value.

Put simply: If you’ve been hurt because of someone else’s actions, damages are the legal system’s way of acknowledging and compensating that harm.

Compensatory vs. Punitive Damages

In Texas, personal injury damages fall into two broad categories: compensatory and punitive. In either case, the burden of proof rests with the plaintiff. This means that the injured person is the one responsible for proving their damages, regardless of whether they are seeking compensatory damages, punitive damages, or both.

Compensatory Damages in Texas

In Texas, compensatory damages are far more commonly awarded than punitive damages. These are what most people think of when they think of a personal injury settlement or verdict.

As the name suggests, compensatory damages are meant to compensate the plaintiff (the person bringing the claim) for their economic and non-economic damages, such as medical expenses, future care costs, lost wages, pain and suffering, loss of earning potential, and emotional distress.

Compensatory damages are further broken down into two main categories: economic (or special) damages and non-economic (or general) damages. We’ll take a closer look at these two categories below.

Understanding Punitive Damages in Texas

Punitive damages, meanwhile, are a separate type of damages that are awarded as a way of punishing the defendant and, simultaneously, deterring similar behavior. In Texas, punitive damages (also known as “exemplary damages”) may be awarded when the plaintiff can prove that the defendant acted maliciously, fraudulently, or with gross negligence.

While the injured person benefits from the award of punitive damages, this is not the goal. It’s about teaching the defendant a lesson and sending a message to others that this type of behavior will not be tolerated. As such, the burden of proof is higher when seeking punitive damages. The plaintiff (or their legal team) must prove that the defendant’s actions were grossly negligent, fraudulent, or malicious by clear and convincing evidence.

To recover punitive damages in Texas, you must prove:

• The defendant acted with gross negligence, fraud, or malice.
• There’s clear and convincing evidence of that conduct

Examples of cases that may qualify include:

• A company knowingly selling defective equipment
• A drunk driver with multiple prior offenses
• An employer who ignores life-threatening workplace safety violations

In most cases, Texas “caps” (limits) the amount you can receive in punitive damages. By law, punitive damages are capped at the greater of either $200,000, or two times the amount of your economic damages plus an amount equal to your non-economic damages up to a maximum of $750,000.

While there are some exceptions to these limits, they are rare. Your attorney can help you determine if you qualify for punitive damages and, if so, what measures can be taken to prove your case.

Economic Damages: What Are “Special Damages” in Texas?

Economic damages, sometimes referred to as “special damages” in Texas, are the financial losses you’ve experienced and/or are likely to experience in the future because of your injury. They are usually supported by documentation like receipts, medical records, bills, pay stubs, or professional evaluations.

In a personal injury case, economic damages may include:

• Medical Expenses: This is every medical expense related to your injury, such as hospital bills, surgery costs, rehabilitation expenses, prescription co-pays, assistive devices, in-home care, and future medical treatment costs.
• Lost Wages: “Lost wages,” sometimes referred to as “lost income,” includes any and all income you missed while out of work because you were recovering from your injury. It can also include lost benefits tied to your employment.
• Loss of Earning Capacity: If your injury is so severe that it affects your ability to return to work or forces you into a lower-paying job, you could be entitled to damages for your reduced earning ability.

These damages are typically easier to quantify—but that doesn’t mean the process is simple. Calculating future costs, like ongoing treatment or permanent disability, requires skilled legal analysis and expert testimony from professionals who understand the true nature of an injury. At Arnold & Itkin, we often work with medical professionals, life care planners, and vocational experts to provide a clear and comprehensive view of our clients’ economic damages—and to make sure every dollar is accounted for.

Non-Economic Damages: “General Damages” in Texas

Non-economic damages are just as real as economic damages, but they’re more subjective. Rather than having a set dollar value, non-economic damages, or “general damages,” as they’re known in Texas, relate to the intangible emotional, mental, and psychological costs of being injured.

Non-economic damages may include:

• Pain and Suffering: This includes both the physical discomfort and chronic pain associated with the injury.
• Emotional Distress: This can include anxiety, depression, post-traumatic stress disorder (PTSD), and the emotional fallout of a life-altering injury.
• Loss of Enjoyment of Life: This is the inability to do the things you once loved, like playing with your kids, hiking, working, or traveling.
• Disfigurement or Physical Impairment: Scarring, loss of mobility, or permanent disability all count as disfigurement or physical impairment.
• Loss of Consortium: Loss of consortium refers to the impact of your injury on your relationship with your spouse or family.

Texas law does not set a fixed formula for calculating non-economic damages. Instead, it depends on the severity of the injury, the impact on your life, and how effectively your legal team tells your story.

At Arnold & Itkin, we take the time to understand who you are—not just as a plaintiff, but as a person. We use that insight to show juries and insurers the full picture of what you’ve lost and fight for everything you are owed.

How Are Damages Calculated in Texas Personal Injury Cases?

There’s no fixed formula for calculating damages in a personal injury case in Texas. Because every case is different, and every client’s losses are unique, the court instead weighs the specific factors involved when determining an award of damages.

Your attorney may use the following general approach when determining the extent of your damages and how much to seek:

• Quantify your economic damages using medical records, receipts, expert projections, and other evidence.
• Evaluate non-economic damages based on the severity of the injury, medical reports, psychological impact, and testimony from the plaintiff and their loved ones.
• Assess punitive damages if the defendant’s conduct was egregious, fraudulent, or malicious and meets the legal threshold.

In many cases, insurers or defense attorneys will try to lowball the value of damages, especially for pain and suffering. They may use computer formulas or “multipliers” that don’t reflect the reality of your life. That’s why it’s so important to work with a trial-tested law firm that knows how to push back.

Factors That Influence the Amount of Damages You Can Receive

Several variables can affect the size of your potential recovery. Understanding these factors is critical, as it helps you obtain a broad picture of how much your case might be worth.

The Severity of the Injury
Though any injury can have a significant impact on the victim’s life, some are more devastating than others. Catastrophic injuries—such as traumatic brain injuries, spinal cord damage, and amputation—typically result in higher damages due to their long-term consequences and care needs.

The Impact on Daily Life and Work
If the injury prevents you from returning to your job or enjoying life as you once did, the value of your claim will likely increase. This is because the financial and emotional toll is higher, and courts typically take this into account when determining an award of damages.

Medical Evidence and Documentation
Detailed medical records and expert evaluations help justify the scope of your damages. The more evidence you have supporting the severity of your injury and its impact on your life, the better.

In addition to copies of medical records and receipts, other evidence can be invaluable to your claim. This includes things like copies of the official accident report (if there is one), journal entries outlining how you’ve been affected, statements from witnesses who saw what happened or family members who have seen how you’ve been impacted firsthand, and pictures of your injuries, both initially and as they have healed.

Your Age and Earning Potential
Younger plaintiffs or those with high earning potential may receive higher compensation for lost earning ability. This is because the court may determine that the victim had more earning years ahead of them and, therefore, the value of their future lost income is higher than someone who was near retirement age or who had already retired.

Whether You Share Fault
Texas follows a modified comparative negligence rule, which can significantly affect how much you receive in compensation for your damages. Under this rule, if you’re found to be partially at fault, your damages are reduced by your percentage of fault. If you’re more than 50% responsible, you cannot recover at all.

Here’s how it works: Imagine you were hit by someone who ran a red light because they were looking at their phone to send a text message while driving. You suffer serious injuries, resulting in $100,000 in total damages. However, the accident report shows that, at the time of the crash, you were going 5 mph over the posted speed limit. Because of this, you are assigned 30% of the blame. Now, instead of receiving the full $100,000, you can only recover 70% of that, or $70,000.

The Strength of Your Legal Team
Perhaps most importantly, the quality of your legal representation affects the outcome of your case. Insurance companies know which firms are willing to settle—and which ones are ready to take a case to trial and win.

At Arnold & Itkin, our track record speaks for itself. We have a significant history of securing favorable results for our clients, including more than $20 billion in settlements and verdicts. We don’t back down from tough cases, and insurance companies know that. When we go into negotiations, our goal isn’t to settle just to move on. Instead, our job is to get our clients everything they’re owed, and we’re always ready to go to court to make that happen.

You Only Have One Chance to Get the Damages You Deserve. Let Our Personal Injury Lawyers Fight for You.

Under Texas law, most personal injury claims are subject to a two-year statute of limitations. That means you only have two years from the date you were injured to file a lawsuit. And once your case is resolved—either through a settlement or trial—you don’t get a second chance to ask for more. That’s why it’s critical to get the full picture right the first time.

At Arnold & Itkin, we take that responsibility seriously. We look at the long-term impact of your injuries and work with trusted experts to ensure nothing gets left out or overlooked.

Because when it comes to your future, shortcuts aren’t an option.