Economic Damages
Economic damages are the tangible financial losses you’ve suffered. These damages have a definitive value, such as treatment costs provable with a bill or receipt.
Medical Expenses
You should not have to bear the burden of funding your medical care when another person or party’s negligence is why you need treatment. Sadly, many accident victims do not realize they are not responsible for paying medical bills and suffer bankruptcy or rack up debt to pay their medical bills. Some even avoid seeing a doctor at all and risk their injuries worsening or developing into life-threatening conditions because they cannot afford care.
You can recover compensation for all medical expenses related to your injuries, including hospital bills, emergency room costs, doctor’s visits, prescription medications, rehabilitation, surgery, and physical therapy. This sum includes medical expenses you have yet to incur, such as medication or ongoing physical therapy to rebuild muscle strength or function.
Lost Wages
Minor injuries can prevent you from working for several days or weeks, while severe injuries can mean you cannot work for months, years, or the rest of your life. If you can return to work, you might be unable to do your previous duties — such as heavy lifting if you have muscle weakness and chronic arm pain — and forced to accept a different, lower-paying role or look for alternative employment. A Texas Walmart accident lawyer can recover your lost wages, the income you will lose if you are still not back at work, and any lost income potential. We will work with economic and industry experts to calculate your future earnings and capacity, accounting for inflation and bonuses, promotions, and raises you would have received before your injury prevented you from returning to your duties.
Non-Economic Damages
If economic damages represent the verifiable costs of your accident, non-economic damages are intangible losses that do not have a fixed value.
Pain and Suffering
Injuries often cause physical pain that can be excruciating and prevent you from living your life. Pain can be temporary and ease as the injury heals, or it can be permanent, affecting you every day for the rest of your life.
This type of non-economic damages compensates you for the pain you’ve suffered and will continue to suffer.
But pain and suffering aren’t only physical. Walmart accidents can have a significant mental and emotional impact. A brain injury might cause cognitive damage or frequent mood changes, resulting in your relationships and friendships deteriorating. You might have anxiety or fear of suffering another fall, causing you to become withdrawn and reluctant to go about your daily routine. A physical disability can shake your confidence, cause frustration over limitations, or leave you embarrassed about relying on others for support.
Loss of Enjoyment
When your injuries prevent you from participating in hobbies or activities you previously enjoyed, you can recover compensation for the loss. You might have to give up sports or hobbies, or you might be unable to pick up your grandchildren or kneel to tend your garden.
Loss of Consortium
Loss of consortium is commonly recoverable in wrongful death claims — filed by an individual whose loved one has died in an accident caused by someone else’s negligence – but it is also a derivative claim made by a non-injured party (a spouse, parent, or child) when your injuries have impacted your relationship with your loved one.
A loved one might be entitled to loss of consortium if they must take on additional household tasks or responsibilities, become the breadwinner for the family, or are your full-time carer.
A loss of consortium claim also extends to parental guidance, spousal intimacy, and love and affection, whether caused by physical, cognitive, or emotional injuries.
Non-economic damages are subjective — it’s tricky to put a dollar amount to physical pain when it impacts individuals differently. Insurance companies usually calculate these damages by applying a multiplier to your fixed costs (economic damages) based on injury severity and its impact on your life. For example, a much higher multiplier will apply in your Walmart accident claim if you suffer permanent disability after a fall compared to a wrist fracture that heals without complication.
As a result, non-economic damages can be substantial.
If your Walmart accident case goes to court, a jury can also award punitive (exemplary) damages, intended to punish the defendant for their negligence, such as if the company showed utter disregard for safety.
Our Texas personal injury attorney is not afraid to take the fight to Walmart and will work tirelessly to ensure you receive the maximum compensation you’re entitled to.