This Blog Was Brought to You By J.A. Davis & Associates, LLP – McAllen Lawyers

What Compensation Can You Recover in a McAllen Personal Injury Case?

A serious injury can throw your life into chaos. Between mounting medical expenses, missed time at work, and daily pain, it’s natural to wonder—what compensation am I actually entitled to? If you’ve been hurt in an accident in McAllen due to someone else’s negligence, Texas law gives you the right to pursue financial recovery.

At J.A. Davis & Associates, we help injury victims in McAllen understand and fight for the full scope of their losses. Below, we break down the various types of compensation—or damages—available in personal injury cases.

Compensatory Damages: Economic vs. Non-Economic

Texas personal injury law categorizes most recoverable losses into economic and non-economic damages. These are designed to make you “whole” again—to restore what you lost because of the accident.

1. Economic Damages (Tangible Financial Losses)
These are costs you can document with receipts, records, or pay stubs. Examples include:

a. Medical Expenses
This includes both current and future medical costs, such as:

• Emergency room visits
• Ambulance transport
• Hospital stays
• Surgeries
• Medications
• Physical therapy
• Chiropractic care
• Medical devices (wheelchairs, braces, etc.)

Future care is especially important in cases of serious or long-term injuries, where ongoing rehabilitation or future surgeries may be necessary.

b. Lost Income
If your injury forced you to miss work, you can claim:

• Lost wages from time off
• Sick days or vacation time used for recovery
• Missed opportunities or overtime
• Documentation from your employer and tax records helps establish this amount.

c. Loss of Earning Capacity
If your injury reduces your ability to work in the future, whether permanently or for a limited time, you may recover compensation for:

• Career changes due to disability
• Forced early retirement
• Reduced work hours
• Inability to return to your previous occupation
• We consult with vocational and economic experts to accurately quantify this.

d. Property Damage
If your vehicle, phone, clothing, or other personal belongings were damaged in the incident (common in car or motorcycle accidents), you can seek repair or replacement costs.

2. Non-Economic Damages (Intangible Losses)
These cover the personal impact of an injury—the things you can’t put a receipt on but that affect your daily life deeply.

a. Pain and Suffering
This refers to the physical pain and discomfort caused by the injury. Courts and insurance companies consider:

• Severity of the injury
• Duration of recovery
• Long-term limitations
• Impact on sleep, mobility, or daily function

b. Mental Anguish and Emotional Distress
An accident can take a serious emotional toll, leading to anxiety, depression, PTSD, or grief, especially in traumatic incidents like violent collisions or assaults.

c. Loss of Enjoyment of Life
You may be entitled to compensation if your injury prevents you from:

• Participating in hobbies or recreational activities
• Traveling
• Spending quality time with family
• Engaging in social events

d. Disfigurement or Physical Impairment
Visible scars, amputation, or permanent physical changes often justify higher non-economic compensation due to the long-term impact on appearance and self-esteem.

e. Loss of Consortium
If your injury affects your relationship with your spouse or partner—emotionally, physically, or in terms of shared activities—your family may be able to pursue damages as well.

Punitive Damages: When Negligence Crosses the Line
In some instances, Texas allows the recovery of punitive damages, also called exemplary damages. These are not meant to compensate the victim but to punish the wrongdoer and deter others from engaging in similar behavior.

Punitive damages may apply if:

• The defendant acted with gross negligence
• There was fraud or intentional misconduct
• The harm was foreseeable and ignored (e.g., drunk driving)
• Punitive damages are rare, but if your case qualifies, J.A. Davis & Associates will fight to pursue them fully.

How Damages Are Calculated
There’s no one-size-fits-all formula for personal injury compensation. Each case is unique. Factors that affect the value of your claim include:

• The severity of your injuries
• Whether your injuries are permanent
• The amount of economic loss
• The impact on your personal life
• Whether you were partially at fault
• Insurance policy limits

Our McAllen personal injury attorneys conduct a full case analysis and work with medical and economic experts to calculate every dollar you’re owed.

The Role of Insurance in Compensation
Most injury settlements are paid through insurance—auto, homeowners, business liability, or commercial policies. However, insurance companies often:

• Undervalue your damages
• Dispute your injury’s severity
• Claim you were partly to blame
• Offer fast, lowball settlements

We protect you from these tactics by handling all negotiations. Our team at J.A. Davis & Associates has a strong track record of securing higher compensation than clients would receive on their own.

What If You Were Partially at Fault?
Texas follows a modified comparative negligence rule. That means:

You can still recover compensation if you were 50% or less at fault

Your total award will be reduced by your percentage of fault

For example, if you’re awarded $100,000 but found to be 20% responsible, your final recovery would be $80,000.

We work to minimize any unfair blame and ensure you get the most from your claim.

Timelines Matter: Don’t Wait
The statute of limitations in Texas for most personal injury cases is two years from the date of the incident. Waiting too long can eliminate your right to recover damages, even if your case is strong.

The sooner you contact an attorney, the sooner we can begin preserving evidence, collecting documentation, and protecting your claim.

Why Choose J.A. Davis & Associates?
We’re a dedicated personal injury law firm serving McAllen and the Rio Grande Valley. Our promise to you:

• No fees unless we win
• Local knowledge of South Texas courts
• Personal attention from start to finish
• Aggressive negotiations with insurers
• Comprehensive case evaluations backed by experts
• We don’t settle for less—and neither should you.

You only get one chance to recover after an injury. Make it count. The compensation available to you under Texas law can help you cover your expenses, regain control, and move forward with confidence.

Let J.A. Davis & Associates stand by your side. We’ll fight for the full value of your claim—because you deserve nothing less.