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Types of Compensation Available in a Dram Shop Case

Generally, the Texas Dram Shop Act and Texas’ other injury laws allow an injured person to file a lawsuit against the bar, club, or restaurant that caused the victim’s injuries, if the injuries are a result of their over-service of an obviously intoxicated patron. These laws allow victims to recover compensation for their physical, emotional, and economic injuries.

Texas law allows people who have suffered personal injuries as a result of another’s negligent, grossly negligent, or intentional conduct to recover compensation from the wrongful actor for their physical, emotional, and economic injuries. Below, we’ll explore how compensation works in personal injury and wrongful death cases.


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 where 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);
  • Lacerations;
  • 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 ability to enjoy the love and affection of 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:

  • Lost wages while recovering from the injuries;
  • Loss of future earning capacity;
  • Loss of benefits; 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 was a factor that contributed to their loved one’s death. Wrongful death claims are generally divided into two categories: economic and emotional damages.

Why The Law Holds Bars Accountable For Drunk Driving Accidents Read More >

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 wrongful death plaintiff for the economic disadvantages they’ll face because of their loved one’s passing. Common economic damages suffered in a wrongful death case include:

  • Lost wages their loved one earned;
  • Loss benefits their love 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; and
  • Loss of consortium (emotional damage from losing a loved one.)

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 on behalf of our clients they deserve. Our experienced dram shop attorneys have fought hard for Texas’ personal injury and wrongful death victims for 25 years, and may be able 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.


Related Articles for Further Reading:

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