Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Understanding Soft Tissue Injuries and Damages in Texas
Soft tissue injuries include muscle sprains, strains, whiplash, contusions, and tendon damage. They often lack visible fractures but can cause significant pain, limited mobility, and long-term discomfort. After a Texas motor vehicle crash, you can seek compensation for both economic and non-economic damages related to these injuries.
Calculating Economic Damages
Economic damages reimburse your out-of-pocket expenses and quantifiable losses:
- Medical expenses: Sum all past and projected costs for hospital stays, doctor visits, physical therapy, diagnostic tests, and medical devices.
- Lost wages: Calculate income lost during recovery and future wage loss if injuries affect your earning capacity.
- Out-of-pocket costs: Include transportation to medical appointments, prescription copayments, and household services you must pay for due to your injury.
Calculating Non-Economic Damages
Non-economic damages compensate for intangible harms, such as pain and suffering, mental anguish, and loss of enjoyment of life. Two common valuation methods are:
- Multiplier method: Multiply your total economic damages by a factor of 1.5 to 5, depending on injury severity (e.g., a 3× multiplier on $10,000 in medical bills = $30,000).
- Per diem method: Assign a daily rate for pain and suffering (e.g., $200/day) and multiply by the number of days you experience symptoms.
Texas Non-Economic Damage Caps
Texas law limits non-economic damages in most personal injury cases. Under Texas Civil Practice & Remedies Code § 41.0105, non-economic damages for each individual plaintiff generally cannot exceed $250,000, and total non-economic damages per incident are capped at $500,000. For details, see Tex. Civ. Prac. & Rem. Code § 41.0105.
Additional Considerations
- Degree of fault: Texas follows a modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001). If you are more than 50% at fault, you cannot recover damages. Your award reduces by your percentage of fault.
- Documentation: Maintain a detailed medical record, billing statements, pay stubs, and a symptom diary to support your claim.
- Future care: Factor in anticipated rehabilitation or ongoing treatment. Obtain expert medical testimony if needed.
Negotiation Strategies
- Start with a demand letter outlining your economic and non-economic losses.
- Be prepared to submit medical records and expert reports to justify your valuation.
- Consider mediation or arbitration to resolve disputes without prolonged litigation.
- Remain realistic: compare similar settlements in Texas for soft tissue injuries to guide your expectations.
Helpful Hints
- Keep all medical providers’ contact information and billing codes.
- Track every expense, even minor ones like over-the-counter medications.
- Use a calendar to log symptom intensity and treatment milestones.
- Speak with a personal injury attorney early to understand your rights.
- Review your insurance policy limits before settlement discussions.