Q: 17.49(e) & economic damages

QUESTION

I just want to be sure I understand the 17.49 personal injury exemption properly.

17.49(e) exempts bodily injury, death and infliction of mental anguish damages with the exception of 17.50(b), which in turn begins by stating that "in a suit filed under this section, each consumer who prevails may obtain the amount of economic damages found by the trier of fact."

Does it mean that the economic damages, as they are defined by 17.45(11), would always be recoverable by a consumer regardless of whether they flow out of personal injury or death cause of action? For example, would I be able to bring a DTPA claim seeking to recover lost wages which resulted from a physical injury recovery?

RESPONSE
Keep in mind what 17.49(e) actually says:
"Except as specifically provided by Subsections (b) & (h), Section 17.50, nothing in this subchapter shall apply to a cause of action for bodily injury or death or for the infliction of mental anguish."

Seems to me the most likely reading of this is:
A) If the case is really a personal injury action, then you can't bring it under the DTPA.
B) Given the cross reference to 17.50(b) & (h) , you can always bring a DTPA case and seek mental anguish damages for what is a straight up DTPA claim.

I do not think you can read 17.49(e) authority to seek economic damages (only) in what would fairly be characterized as a "cause of action for bodily injury or death." But - there is no caselaw on this and could be argued both ways.

Suppose Honest John's Used Cars lies to your client about the used car she b0ught. The car dies on the freeway and never runs again, resulting in loss of use of the vehicle, as well as precipitating a wreck. Your client's personal injury claim may not be brought via DTPA, while the related claim of misrepresentations about the vehicle's condition should be available under the DTPA.