01What damages can I recover in a personal injury case?+
Generally, three categories: (1) Economic damages — medical bills, lost wages, future earnings, property damage, out-of-pocket expenses. (2) Non-economic damages — pain and suffering, mental anguish, loss of enjoyment of life, disfigurement. (3) Punitive damages in cases involving recklessness or malice. Each category requires documentation we help build.
02What are economic damages?+
Economic damages are quantifiable financial losses: past and future medical bills, past and future lost wages and earning capacity, property damage, transportation costs, home modifications, attendant care costs, and any other out-of-pocket expenses caused by your injury. These are documented with receipts, bills, employment records, and expert calculations.
03What are non-economic damages?+
Non-economic damages are subjective injury harms: pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, disfigurement, scarring, loss of consortium, and similar non-financial impacts. These are often the largest damages in serious cases. They require documentation through medical records, witness testimony, and personal impact statements.
04What are punitive damages?+
Punitive damages punish especially egregious conduct — gross negligence, drunk driving, intentional acts, fraud, malice. They go beyond compensating the victim to deterring future bad conduct. TX caps punitive damages; NM does not statutorily cap them. They require clear and convincing evidence and are awarded only in qualifying cases.
05How is pain and suffering calculated?+
There's no fixed formula. Factors include: injury severity, duration of treatment, permanence, impact on daily activities, pre-injury baseline, witness testimony, and medical evidence. Insurance adjusters sometimes apply multipliers (1x-5x economic damages), but juries can award much higher amounts for serious cases. We document pain and suffering thoroughly.
06What is loss of enjoyment of life?+
Loss of enjoyment of life compensates for activities you can no longer do because of your injuries — hobbies, sports, travel, time with family, professional pursuits, intimate relationships. These are real damages even though they aren't financial losses. We document with personal testimony, witness statements, and (when relevant) photos/videos of pre-injury activities.
07Can my family member make a claim too?+
Possibly. Spouses can make loss of consortium claims for the loss of love, companionship, and services. Parents of injured minors may have claims. In wrongful death cases, statutory beneficiaries (spouses, children, parents) have their own claims. We identify every eligible family member with a claim.
08What is loss of consortium?+
Loss of consortium compensates a spouse (or in some cases, other family members) for the loss of love, companionship, support, services, and intimate relations resulting from the injured spouse's injuries. Both Texas and New Mexico recognize these claims. The damages are separate from the injured person's case — meaning they don't reduce that recovery.
09What if my injuries are permanent?+
Permanent injuries dramatically increase case value. They support significant future medical care (often life-long), future earning loss, permanent pain and suffering, and loss of enjoyment of life damages. We work with life-care planners and economists to project the full lifetime impact. Permanent injury cases routinely exceed seven figures.
10Can I recover for emotional distress without physical injury?+
Generally, you need a physical injury to recover for emotional distress in standard personal injury cases. Exceptions include intentional infliction of emotional distress, bystander recovery (witnessing harm to family members), and certain specific situations. For most cases, emotional damages accompany physical injuries — and they can be substantial.