Featured Article

Car accidents can turn lives upside down in an instant, leaving victims with financial burdens, physical injuries, and emotional scars. If you’ve been in a car accident in North Texas, calculating damages in car accidents is key to seeking fair compensation. At The Law Office of David M. Kennedy, we’ve guided countless clients through the intricate legal process of proving liability and recovering damages. Personal injury cases often involve two categories of damages: economic and non-economic. Here’s how these are determined, along with insight into Texas laws and insurance practices.
Economic Damages: Quantifiable Losses
Economic damages are tangible and measurable financial losses incurred as a result of an accident. They typically include:
- Medical Expenses: This category encompasses emergency care, hospital stays, surgeries, rehabilitation, physical therapy, and prescription medications. In Texas, healthcare costs for car accident injuries can vary widely. According to the CDC, the average hospital stay for car accident injuries costs around $57,000, and costs can climb depending on the severity of injuries.
- Lost Wages: If injuries prevent you from working, you may recover compensation for lost income. This calculation considers the time missed from work and may include future earnings if the injuries lead to long-term disability.
- Property Damage: Repair or replacement costs for your vehicle and other personal property damaged in the accident fall under this category.
- Miscellaneous Expenses: Additional costs may also be included. Examples are transportation to medical appointments or home modifications for accessibility.
To establish economic damages, victims must provide evidence such as medical bills, pay stubs, repair estimates, and receipts. But it is not enough to simply have documentary evidence of these costs. This information must be in admissible form. As an example, in Texas you cannot recover through a jury verdict, an invoice you paid for healthcare treatment of your injuries, simply by producing the invoice. You must have that document proven true and correct by means permitted by the Texas Rules of Evidence, which will require proof by testimony of the person or entity who sent you the invoice, or by an affidavit from those people or their representatives. Further, you will need evidence that those charges were reasonable and necessary and for the injuries from the accident. Meeting evidentiary requirements without an attorney is a daunting task and virtually impossible. Thus, hire an attorney to handle your case.
Non-Economic Damages: Intangible Losses
Non-economic damages cover the emotional and psychological toll of an accident. These damages are subjective and harder to quantify, but they are just as significant, if not more so. They include:
- Pain and Suffering: Compensation for physical pain resulting from injuries sustained in the accident.
- Emotional Distress: Mental health challenges such as anxiety, depression, or PTSD stemming from the accident.
- Loss of Enjoyment of Life: If injuries impair your ability to engage in hobbies, social activities, or other enjoyable aspects of life, you may be entitled to compensation.
- Loss of Consortium: Spouses or family members of victims may claim damages for the loss of companionship or affection.
In Texas, there is no fixed formula for calculating non-economic damages. However, attorneys often use the “multiplier method,” which involves multiplying the total economic damages by a number between 1.5 and 5, depending on the severity of the injuries. To Mr. Kennedy, this is not an acceptable method of evaluating a client’s loss. Each client’s case is unique, even if the accident seems similar to so many others. A traumatic brain injury to a client in the end stages of life who was already suffering from dementia may not be as compensable as that same injury to a healthy 30-year-old parent of a newborn who is tasked with caring for that child and making the important decisions for themselves and that child for years to come. Every person is unique both physically and emotionally, and that must be respected.
Proving Fault in Texas Car Accidents
Texas follows a modified comparative negligence rule. This means that your compensation will be reduced by your percentage of fault for the accident. You cannot recover damages if you are found to be no more than 50% at fault.
To prove fault, you’ll need to demonstrate the other party acted negligently. Evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction reports can help establish liability. David M. Kennedy has a proven track record of successfully representing clients in court with the discovery and presentation of that evidence. Working with an attorney who can control or direct the development of that evidence is essential to a fair result, especially when calculating damages in car accidents.
Texas Insurance Laws and Compensation
In Texas, drivers are required to carry minimum liability insurance.
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
While these limits provide a baseline for coverage, they are often insufficient for anything other than minor accidents producing minor injuries. Victims may need to pursue claims through the at-fault driver’s insurance or file a personal injury lawsuit to recover full compensation.
Texas law also allows victims to seek compensation for punitive damages in cases involving gross negligence, such as driving under the influence. These damages aim to punish the wrongdoer and deter similar behavior in the future. Many factors will determine whether one can recover for punitive damages, and whether persons or entities other than the driver – such as employers – are those who are punished. You will not be successful in obtaining this recovery without the assistance of counsel.
Tips for Maximizing Your Compensation
- Document Everything: Keep meticulous records of all expenses, medical treatments, and communications with insurers – assuming you visit with adjusters, which is not advised.
- Avoid Early Settlements: Insurance companies may offer quick settlements that undervalue your claim. Consult an attorney before accepting any offers. At the very least, a seasoned attorney can advise you of your rights and potential recovery with an attorney as opposed to acting on your own.
- Hire an Experienced Attorney: A skilled personal injury lawyer can navigate the complexities of Texas law, negotiate with insurers, and advocate for your best interests in court if necessary. Contacting our office will get you a consultation without charge.
Conclusion
Calculating damages in car accidents involves more than tallying up bills; it requires an understanding of Texas laws, the ability to prove fault, and the expertise to advocate for full compensation. If you’ve been injured in a car accident in North Texas, The Law Office of David M. Kennedy is here to help. Contact Us today for your free consultation and take the first step toward rebuilding your life after a car accident.
Our Promise

Keep Reading
Dealing with Insurance Companies: Best Practices for Communicating with Insurance Adjusters
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with insurance companies and their adjusters. Insurance companies prioritize their profits, which can usually mean…
Traumatic Brain Injuries (TBI): How Car Accidents Lead to TBIs and Their Lasting Impacts
Car accidents are one of the leading causes of traumatic brain injuries (TBIs) in the United States. For victims and their families, the physical, emotional, and financial repercussions…
Soft Tissue Injuries: Understanding Sprains, Strains, and How to Claim Compensation
Soft tissue injuries are among the most common injuries sustained in car accidents, yet their severity is often underestimated. These injuries can cause significant pain, limit mobility, and…