Generally, the Texas Dram Shop Act allows an injured person or the families of the deceased to file a lawsuit against the bar, club, or restaurant that caused their losses, if those losses were the result of service to an obviously intoxicated patron. These laws allow victims to recover compensation for their physical, emotional, and economic injuries. In this article, we'll explore how compensation is determined in dram shop claims.
Questions answered on this page:
- What are the different types of physical injuries after a drunk driving accident?
- What are the types of emotional injures after a drunk driving accident?
- What are the economic injuries after a drunk driving accident?
- Are the damages different if someone dies in a drunk driving accident?
- How can an attorney help me get the most compensation possible for my case?
Types of Physical Injuries
Physical injuries occur when a person's body has been damaged as a result of another's wrongful conduct. Common physical injuries suffered in a dram shop case include:
- Broken bones;
- Soft tissue injuries (damage suffered by the muscles, tendons, and ligaments);
- Scarring and other forms of disfigurement; and
- Brain damage.
Types of Emotional Injuries
Somewhat similarly, emotional injuries in personal injury cases are those that negatively effect the personality, mood, and disposition of a person after they've been injured by another. Common emotional injuries suffered in personal injury cases include:
- Loss of enjoyment of life (including loss of enjoyment of hobbies and recreational activities);
- Emotional distress (including persistent fear, inability to sleep, depression, and anxiety);
- Loss of consortium (the loss of ability to give or enjoy love and affection with a spouse or partner); and
- Pain and suffering (the emotional effects of suffering pain).
Types of Economic Injuries
Finally, economic injuries in personal injury cases are those that are designed to reimburse an injury victim for unexpected expenses incurred resulting from their physical and emotional injuries. Common economic damages available in a personal injury case include:
- Loss of wages while unable to work due to your injuries;
- Loss of future earning capacity;
- Loss of employment benefits like health or dental insurance; and
- Compensation for medical expenses, including hospital bills and physical, occupational, and recreational rehabilitation.
Additionally, Texas law allows designated family members to file a lawsuit against an establishment whose over-service of a patron directly contributed to their loved one's death. Wrongful death claims are generally divided into two categories: economic and emotional damages.
Wrongful Death Damages
Somewhat similarly to economic damages available in personal injury cases, economic injuries in wrongful injury cases are those designed to compensate a victim's family for the economic losses they face as a result of their loved one's death. Common economic damages alleged in a wrongful death case include:
- Loss of wages their loved one would have earned;
- Loss of benefits their loved one provided to them; and
- Loss of inheritance.
Emotional damages in wrongful death cases are those that result form the loss of a loved one due to another's negligent, grossly negligent, or intentional conduct. Common emotional injuries in wrongful death cases include:
- Emotional distress from the loss itself; and
- Loss of consortium (loss of the emotional support and other benefits provided by a spouse)
The Dram Shop Attorneys at Grossman Law Offices Fight Hard For The Compensation You Deserve
Grossman Law Offices, based in Dallas, TX, is committed to recovering every penny of compensation our clients deserve. Our experienced dram shop attorneys have fought hard for Texas' personal injury and wrongful death victims for 25 years, and we're ready to put our skill and experience to work for you. For more information regarding the types of damages available in a dram shop claim and a free and confidential consultation based on the facts of your case, give us a call at (855) 326-0000.