Understanding Damages in Workplace Injury Lawsuits in Texas

November 29, 2023

If a worker is injured on the job, they can bring a workplace injury lawsuit against their employer and other entities involved at the accident location. In the U.S., civil courts aim to remedy these situations by awarding monetary damages to compensate injured workers. Typically, a jury determines the monetary value of these damages. At trial, the injured worker’s lawyers argue for workplace injury compensation for both economic and non-economic damages suffered due to their injuries. A common question is: How can anyone put a price on the pain, suffering, and mental anguish experienced? To answer this, we will discuss the two main types of damages a jury can award: economic and non-economic.

Economic vs Non-economic Damages

Damages in personal injury cases typically fall into two categories: economic and non-economic. Economic damages, like paid medical expenses and lost wages, are easily documented and quantified. For instance, if an injured worker visits an emergency room for stitches and an MRI, the cost of these services is considered an economic damage. A jury in personal injury cases can determine these damages by reviewing invoices or receipts.

In contrast, non-economic damages, which include personal injury compensation for physical pain, emotional anguish, loss of consortium, disfigurement, and other similar losses, don’t have a straightforward monetary value.

Common Examples of Mental Injuries

While many physical injuries can be treated medically, emotional and mental injuries are often harder to diagnose and treat. For example, the pain from a broken bone, though rated on a scale from one to ten, doesn’t fully capture the experience. Workplace injury victims of traumatic events, like oilfield explosions, may develop PTSD, leading to flashbacks triggered by related noises. Additionally, injured workers may lose the ability to enjoy hobbies, impacting their emotional well-being. Often, these mental injuries outlast the physical ones.

Challenges in Valuing Mental Injuries

Determining compensation for intangible suffering is a complex task. Most states agree there’s no set formula for calculating non-economic damages. It’s typically up to the jury in personal injury cases, guided by the principle that “there are no scales in which to weigh human suffering.”

The Attorney’s Role in Workplace Injury Cases

Many injured workers worry about proving their mental state to a jury in workplace injury cases. At Morrow & Sheppard LLP, we specialize in presenting compelling evidence of mental injuries in workplace accidents through testimonies from friends, co-workers, and family members. These individuals can effectively communicate the changes in the injured worker’s mental health, providing the jury with insight into the injury’s life-altering effects.

Choosing an experienced trial law firm is crucial. At Morrow & Sheppard LLP, we focus on securing substantial verdicts through expert testimony in mental and emotional damages.

Our top-rated workplace accident lawyers at Morrow & Sheppard LLP can help you calculate your economic and non-economic damages and obtain the maximum workplace injury compensation from the responsible party or their insurance company.

If you or a loved one were injured or killed in a workplace, 18-wheeler, maritime, refinery, or oilfield accident, our attorneys are skilled in presenting your case to reflect the true extent of your losses. To schedule a free, confidential consultation, call Morrow & Sheppard LLP any time at 800-489-2216, or contact us online. We’re always available when you need us.

Get a Free Case Review by Calling Morrow & Sheppard Now.

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