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Steve Kherkher - January 5, 2026
Serious injuries can upend a person’s life in a matter of seconds. When someone’s negligence causes that harm, Texas law allows the injured party to pursue financial recovery. Yet one of the questions we hear most often is “How are damages calculated in personal injury cases?” Understanding how compensation is determined can help victims and families make informed decisions as they move forward.
At Kherkher Garcia LLP, we walk our clients through this process step by step, ensuring every loss—economic or emotional—is documented and valued correctly and fairly.
Personal injury damages are those suffered from the reckless or careless conduct of another person. Texas recognizes various types of compensation categories, allowing damages to address different effects on the victim’s life. To determine how damages are calculated in personal injury cases, we examine medical records, employment documentation, expert evaluations, and the day-to-day changes the injury caused. Texas law requires that each part of the claim be supported by credible evidence, not speculation. That’s why establishing a complete picture of the physical, emotional, and financial consequences is essential.
Economic damages cover the direct financial impact of the injury. These losses are the most straightforward to document because they come with receipts, bills, and financial statements. Common examples include:
Future expenses may also be included when injuries require ongoing treatment or will reduce your ability to earn a living. These amounts often make up a significant portion of the total claim.
Non-economic damages address the personal, human consequences of an injury that don’t appear on bills or financial statements. According to the Texas Civil Practice and Remedies Code (Tex. Civ. Prac. & Rem. Code), these losses include:
These damages acknowledge how an injury alters daily routines, restricts independence, and impacts relationships. Because they vary widely from one case to another, strong documentation is essential to demonstrate their full extent.
The multiplier method involves multiplying your economic damages by a factor—typically between 1.5 and 5—to estimate pain and suffering. The appropriate multiplier depends on the severity of the injury, the length of recovery, the presence of permanent limitations, and how the injury affects daily activities. Severe injuries that lead to disability or chronic pain generally justify higher multipliers. This method must be supported by strong documentation.
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The per diem method assigns a daily value to your pain and suffering, then multiplies that amount by the number of days you experienced significant effects from the injury. The daily amount must be reasonable—often tied to daily earnings or another logical reference point.
For example, someone recovering from multiple fractures may receive a daily rate for each day they live with severe pain, limited mobility, or emotional strain. This approach provides a structured way to capture the lived experience of the injury. Both the multiplier and per diem methods help clarify how damages are calculated in personal injury cases involving non-economic harm.
No two personal injury cases are identical. Beyond immediate financial and emotional losses, a range of factors can influence the final value of a claim:
Texas follows a modified comparative negligence rule. This means your compensation may be reduced if you share fault, and recovery is barred if you’re more than 50 percent responsible for your injuries.
Punitive damages, or exemplary damages, are not intended to compensate the victim. Instead, they penalize serious misconduct. Texas allows punitive damages only when there is clear evidence of fraud, malice, or gross negligence. These damages are rare and often appear in cases involving drunk driving, intentional violence, or companies ignoring known safety dangers. When awarded, punitive damages can significantly increase the overall recovery.
Texas law sets strict deadlines for filing a case. Under the Texas Civil Practice and Remedies Code § 16.003, most personal injury lawsuits must be filed within two years of the incident. However, there may be exceptions that could extend or shorten these timelines, making legal guidance essential.
That said, the statute of limitations also affects the admissibility of evidence. Delays can make it more difficult to locate witnesses, preserve physical evidence, or document medical progress. These factors influence how attorneys calculate damages and build a compelling case.
Our team has handled some of the most complex and high-value personal injury cases in Texas. These victories demonstrate the level of preparation, strategy, and determination we bring to every client:
These cases reflect the level of focus and advocacy our firm brings to fight for fair compensation.
When a serious injury turns your life upside down, you deserve a team that will protect your rights and pursue full compensation. Our Houston, Galveston, and Dallas personal injury lawyers at Kherkher Garcia are here to help. Contact Kherkher Garcia LLP today at 713-333-1030 for a free consultation. We’ll review your situation, explain your options, and fight for the recovery you deserve.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence. Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years. With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Steve Kherkher
FOUNDING PARTNER AND 35+ YEAR TRIAL LAWYER
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
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