If you have been injured in Texas due to someone else’s negligence, you likely understand the physical toll it takes.
Broken bones, cuts, and bruises are visible signs of harm. Yet, what about the invisible wounds – the emotional pain, the loss of enjoyment in life, and the mental anguish?
These are the intangible damages known as “pain and suffering.”
When you sustain a serious injury or catastrophic injury due to someone’s negligence, your first priority is likely to cover the mounting medical bills for your recovery.
However, pain and suffering is a crucial component of compensation for personal injury claims.
While medical bills, lost wages, and property damage losses are relatively easy to quantify, putting a price tag on emotional pain is far more complex.
This blog will explore what constitutes pain and suffering in Texas, how to calculate it, and provide strategies for maximizing your claim.
Let’s begin.
Understanding Pain and Suffering in a Personal Injury Claim
The emotional and psychological toll of an accident can be just as devastating as physical injuries.
Under Texas Civil Practice and Remedies Code 41.001, there are three types of damages that you may receive in a Texas personal injury lawsuit. The first two types are the only ones you or the injury victims can claim as a plaintiff:
- Economic and non-economic damages.
- Pain and suffering is a part of non-economic damages.
Non-economic damages are awarded to compensate for losses like loss of enjoyment of life, loss of consortium and pain and suffering.
These damages are not directly associated with a financial sum such as medical bills and medical expenses.
Types of Pain
Pain and suffering is a term encompassing a broad range of losses going beyond medical expenses and lost wages. Under Texas law, pain and suffering or non-economic damages refer to compensation for the following:
- Physical pain and suffering, including acute and chronic pain resulting from the injury
- Mental pain or emotional pain or anguish manifesting as anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions or emotional traumas.
- Loss of enjoyment of life, referring to the loss of the ability to do things that you once enjoyed due to your injuries
- Disfigurement and impairment, which include visible scars or physical limitations, can significantly impact your quality of life.
- Loss of consortium, applying to spouses and partners referring to the loss of affection, companionship, and other relationship benefits
Other non-pecuniary losses may apply depending on the unique situation of your personal injury case.
While Texas law allows for compensation for pain and suffering, quantifying these damages accurately can be challenging. It is important to discuss your specific case with a Texas personal injury lawyer to determine the value of your case. They can calculate this comprehensive case value, including possible future medical expenses (economic damages), as well as use legal calculations to value your pain and suffering losses.
2 Ways to Calculate Pain and Suffering
If you sustained severe injuries and trauma in an accident or if you are pursuing a lawsuit for wrongful death, it can be extremely difficult to associate a monetary amount to compensate for those losses. Determining a precise monetary value for pain and suffering is inherently subjective, and Texas courts do not provide guidelines on the right or wrong way to calculate them. Working with a personal injury attorney who is familiar with Texas laws, past cases, and precedents can help you determine the best method for calculating this value.
The Multiplier Method
One way of calculating pain and suffering damages is to base this number on your economic damages or the losses you sustained in the forms of medical bills, lost wages, and property damage. A number between 1.5 and 5 is then used to multiply the economic damages, with the end result representing the estimated value of your pain and suffering claim. The number used as the multiplier is influenced by a number of factors, such as the severity of your injuries, the impact on your daily life, and the duration of recovery.
Consider a case where someone sustained a broken leg in a car accident, with economic losses worth $50,000, and was given a multiplier of 2.5.
This would make their case calculated at a value of $125,000. It is essential to understand that the multiplier method is not a rigid formula but rather a way to calculate roughly the value to request from insurance or expect from the court.
The Per Diem Method
Another approach to calculating pain and suffering is the per diem method.
In Texas, personal injury cases involve assigning a daily monetary value to the injured party’s pain, discomfort, and distress from the date of the accident. The end date is when the injured person reaches maximum medical improvement.
For example:
An individual suffers for 90 days with pain and suffering worth $200 per day, then the total pain and suffering damages would equal $18,000.
Ultimately, the choice between the multiplier method and the per diem method depends on the specific circumstances of the case and the preference of the plaintiff and their attorney.
Tips to Establish Your Pain and Suffering Damages Under Texas Law
You may be able to maximize your pain and suffering damages by providing strong proof to establish your claim. This often will require showing your injuries’ severity, extent, and impact on your life. Your personal injury lawyer can help you go through the steps of proving pain and suffering, but here are a few things you can do to get started:
- Keep all your medical records and document your injuries through pictures and detailed notes.
- Maintain a detailed pain journal recording your physical pain, emotional distress, and the impact your injury had on your daily life.
- Collect witness statements from those who saw your struggle.
- Ask your attorney to call on medical or mental health professionals to testify about how similar injuries impact patients in comparable circumstances.
Following these tips and working closely with our Houston personal injury lawyers can increase your chances of receiving fair compensation for your pain and suffering. We will help you navigate the complexities of Texas personal injury law and work tirelessly to maximize your compensation.
Get Help With Your Personal Injury Accident (Free Case Evaluation)
At The Mejia Law Firm, we are passionate about helping victims of personal injuries and their family members reclaim their lives. We have decades of experience in and out of court negotiating for the best possible compensation for our clients.
We will support you and your loved ones throughout your personal injury lawsuit so you can focus on recovery. Reach out to our team for a , no-obligation, free consultation and get legal advice today.