Damages and Compensation

Personal Injury Damages and Compensation

If you were injured in a car crash, workplace accident, truck accident, plant explosion, or a defective product, receiving fair compensation can be critical for your future. You might depend on the recovery to pay your medical costs, support your family, and make ends meet. Knowing what your case is worth is critical for settlement negotiations and can help prevent you from accepting a lowball settlement offer. 

After being injured due to another’s negligence, you need help from a personal injury attorney who can advocate for you and fight for what you deserve. Read on to learn what damages are available in a personal injury claim and how to maximize your compensation. 

Contact us online or call us at (281) 801-5617 to get learn more about the compensation you may be entitled to. 

What Is My Personal Injury Claim Worth?

No two personal injury claims are the same. In determining the value of a personal injury claim, a personal injury attorney will take various factors into account, including:

While compensation for personal injury claims can vary, below, you will find some of the damages you could be entitled to.  

Damages in Personal Injury Claims 

  • Medical expenses: You may qualify for all necessary costs for medical treatments resulting from your personal injury, including hospital stays, medications, medical devices, and rehabilitation therapies. You may also recover future medical costs and ongoing care. 
  • Income loss: If you are severely injured in an accident, you may be unable to work for some time. Some victims may never return to their careers. In this case, you may be entitled to damages for past, current, and future loss of income. 
  • Property damage: If your property, such as a vehicle, laptop, or eyeglasses, was destroyed or damaged in the accident, you are generally entitled to reimbursement with a personal injury claim. 
  • Non-Economic Damages: Non-economic damages are awarded for losses that are not easily quantifiable in monetary terms. They can include emotional anguish, chronic pain, disability, and loss of life enjoyment.  

Determining the exact worth of your personal injury claim involves a comprehensive evaluation of your damages. This requires the help of trained experts, such as economists and life care planners, who can determine the likely financial impact in the future. It is not enough to say that you can’t work; you must show the wages that will likely be lost as a result of your injuries. 

A personal injury attorney at the Ammons Law Firm can provide guidance, assess your damages, and work toward securing maximum potential compensation. 

Punitive Damages 

While not as common in personal injury lawsuits, you may be entitled to punitive damages if the wrongdoer acted particularly recklessly or maliciously in causing your injury. Examples include:

Gross negligence. Under Texas law, gross negligence means an act or omission by the defendant: 

(A)  which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others;  and

(B)  of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

Malice. Under Texas law, malice means the act had “specific intent by the defendant to cause substantial injury or harm to the claimant.” 

Punitive damages are intended to punish the wrongdoer rather than compensate the injured victim for their harm.

How to Calculate Personal Injury Compensation

Compensation should make you “whole” again and is generally based on your injury-related expenses and non-economic damages, such as pain and anguish, emotional distress, and others. 

Calculating past medical bills and income loss can be proven with documentation such as receipts, bills, and bank statements. Proving future medical expenses and loss of wages requires expert opinion that accurately establishes and proves the value of these losses. 

Establishing Non-Economic Damages

Putting a dollar figure on damages such as physical pain or emotional trauma can be difficult. Assessing non-economic damages involves considering various factors, including the permanence of your injury, your pain and suffering, the potential length of your recovery, and the impact of the injury on your home and work life. 

This often will require expert opinion from doctors, psychologists, and other professionals with experience in injuries and how they affect you. 

  • The specific injury experienced
  • The liable party’s percentage of fault 
  • Whether you had any responsibility in the accident or incident 
  • Your medical and other evidence for proving non-economic damages
  • Texas damage caps (in medical malpractice and government cases)

An Attorney Can Help You Receive Fair Compensation

Attempting to calculate your compensation amount can be a costly mistake, as you may not know all the damages you are entitled to or make a critical mistake in your calculation. 

Moreover, if you suffered a severe or disabling injury, you may not understand the full impact on your life and career. 

The Ammons Law Firm’s dedicated personal injury attorneys can accurately determine your damages and prevent you from leaving money on the table. Our attorneys have handled hundreds of seven and eight-figure recoveries and understand how to maximize each of our client’s recovery. 

You can read our personal injury law resource to learn more about the cases we handle.

The Benefits of Settlement and Trial in a Personal Injury Lawsuit

Settlement negotiations and trials are two distinct paths in personal injury claims, each with advantages and disadvantages. Understanding the benefits of settlement and trial can help you make an informed decision when seeking compensation.

However, regardless of how your case is resolved, the value of a proven trial lawyer on your team cannot be overstated. Hiring a lawyer with a proven track record of success in front of a jury distills confidence in you and fear in the opponent. 

Advantages of Settlement

According to the U.S. Bureau of Justice Statistics, most personal injury claims are resolved with a settlement. Here are some reasons why resolving your case outside of the courtroom can be advantageous:

Faster Resolution 

Settlements can lead to a faster resolution than a trial. The court system can be slow and convoluted, with some cases taking years to reach a verdict. A settlement can allow you to get compensated sooner, which can be a relief if you face steep medical bills and other significant injury-related expenses.


Settling a personal injury claim gives both parties certainty and control. Through negotiation and agreement, you have a say in the outcome and can decide whether to accept a settlement or keep negotiating for a better offer. A settlement can be appealing if you want to avoid the unpredictability of a trial. In a trial, there is always a risk that you may not win, resulting in no compensation. 

Lower Legal Costs

Lawsuits and trials can be expensive, involving numerous legal fees, such as court filing costs, expert witness fees, deposition expenses, and more. In contrast, settling a case typically results in lower legal costs since it avoids an extended court battle.


Settlements usually involve confidential agreements between the parties. Trials, on the other hand, are public proceedings. This means that details of your case will be public record. Settling allows you to keep the details of your injury and compensation private.

Advantages of Trial

A trial may be necessary if you cannot reach a fair settlement with the defendant or their insurance company. Here are some of the benefits of trials:

Potential for Greater Compensation

While settlements offer the security of a guaranteed compensation amount, trials give victims the opportunity for potentially greater awards. Juries may award larger sums for non-economic damages, such as pain and suffering.

Accountability and Justice

Some individuals insist on going to trial because they want their day in court. A trial can provide a sense of justice for victims and hold the responsible parties publicly accountable for their negligent conduct. Moreover, trials occasionally establish legal precedents that may influence and benefit others with similar claims in the future.

Leverage for Settlement 

Defendants do not like trial. The trial can provide leverage during settlement negotiations. The responsible party may be more inclined to offer a fair settlement to avoid the expense and uncertainty of a trial.  

Ultimately, the decision to settle or go to trial depends on a case’s specific circumstances, the parties’ willingness to settle, and the victims’ goals for recovery. An experienced personal injury attorney at the Ammons Law Firm can help you navigate the legal process and walk you through all your options for recovering justice and compensation.

We Help Victims Recover the Compensation They Deserve 

If you suffer a severe or life-changing injury, receiving adequate compensation can be essential for managing your medical expenses and providing for yourself and your family. The Ammons Law Firm wants you to have the best chance of recovering the settlement or verdict you deserve and need to put your life back together.

Our personal injury attorneys have decades of experience handling complex personal injury claims and will work tirelessly for what you deserve. When we take your case, you pay nothing upfront. We only get paid if and when we win. Contact us now for a free consultation to determine your rights and options.

Our Houston personal injury lawyers are prepared to fight for you. Call us at (281) 801-5617 or contact us online for assistance with your personal injury case.

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