What Types of Damages Can I Recover After a Car Accident in El Paso?

After a car accident in Texas, injured victims may recover compensation for economic damages, non-economic damages, and in rare cases punitive damages. These damages can include medical bills, lost wages, pain and suffering, and future medical expenses. The total value of compensation depends on the severity of injuries, insurance coverage, and fault under Texas’ 51% modified comparative negligence rule.

Below is a breakdown of the main types of damages available in Texas car accident cases.

Economic Damages (Financial Losses)

Economic damages compensate victims for measurable financial losses.

Common examples include:

  • Emergency room bills
  • Doctor visits and treatment
  • Physical therapy
  • Prescription medications
  • Vehicle repair or replacement

For example, if medical treatment totals $18,000 and vehicle repairs cost $7,000, these documented expenses are included when calculating damages.

Lost Wages and Loss of Earning Capacity

If injuries prevent you from working, you may recover compensation for:

  • Missed paychecks
  • Lost overtime
  • Reduced ability to work in the future

For example, if you missed 4 weeks of work earning $1,200 per week, your lost wage damages may equal $4,800.

Non-Economic Damages (Pain and Suffering)

Texas law also allows compensation for damages that are harder to measure financially.

These may include:

  • Physical pain
  • Emotional distress
  • Anxiety or trauma after the crash
  • Reduced enjoyment of life

These damages often represent a significant portion of personal injury settlements.

Property Damage

Car accident claims also include compensation for property damage.

This typically covers:

  • Vehicle repair costs
  • Total loss vehicle value
  • Rental car expenses
  • Personal property damaged in the crash

Punitive Damages (Rare Cases)

Punitive damages may apply if the at-fault driver acted with gross negligence or reckless behavior, such as:

  • Drunk driving
  • Street racing
  • Extreme speeding

These damages are intended to punish dangerous behavior and deter future misconduct.

How Fault Affects Damages in Texas

Texas follows a 51% comparative negligence rule.

This means:

  • If you are 50% or less at fault, you can recover damages.
  • If you are 51% or more at fault, you cannot recover compensation.

Example:

Total damages = $40,000

If you are 20% at fault, compensation may be reduced to:

$40,000 − 20% = $32,000

Speak With an El Paso Personal Injury Attorney

If you were injured in a car accident and want to understand what damages may apply to your case, a consultation can help clarify:

  • What compensation may be available
  • How Texas fault laws apply
  • Whether insurance coverage limits affect your claim

Jaime Alvarado & Associates has over 25 years serving the El Paso community and offers free consultations.