There are many angles that can be used in personal injury cases to increase the amount you receive in a settlement. Not only is compensation available for medical bills, lost wages, and any other associated expenses, but it’s also important to look at the ways that pain and suffering damages can be included in your claim.
Pain and suffering fall under the umbrella of non-economic damages in Texas, making it a bit more challenging to calculate the amount of money that you receive. The goal is to compensate for the emotional distress you have experienced as a result of the injuries. Even though it’s not possible to get back lost time, this money can help to improve your lifestyle despite the consequences of the injuries you have sustained.
In most situations, emotional distress compensation in Texas is awarded along with economic damages (such as the cost of medical bills and property damage). It’s not common for emotional distress to be paid as a standalone compensation, but there are rare situations that might warrant this.
What Types of Pain and Suffering Can You Claim?
Every situation is unique, which is why it’s critical that you consult with an experienced personal injury attorney to determine the best approach for your case. Some of the most common types of pain and suffering damages included in these claims include:
- Physical pain from injuries
- Ongoing health issues relating to the injuries
- Emotional impact (such as anxiety, PTSD, or depression)
- Loss of enjoyment in daily life
- How relationships have been affected
- Sleep issues
- Chronic pain
- Lifestyle changes
Your legal team can help you identify the type of pain and suffering that you are experiencing. Then, the next step is to build a solid legal case that proves the connection between the accident and your injuries that resulted in pain and suffering.
Legal Overview: How Non-Economic Damages in Texas Work
In the state of Texas, the law allows accident and injury victims to include non-economic damages in their claim. Most personal injury cases will allow for these damages, although you should consult with an experienced attorney to see if your situation qualifies.
Remember that pain and suffering damages are very subjective. This compensation isn’t tied to a specific dollar amount, so a strong legal strategy is necessary to not only get the compensation that you need but ensures that it is a fair amount considering the suffering you are experiencing.
In many cases, pain and suffering payouts are awarded by a jury in addition to the economic damages that are being awarded. Or, if the case doesn’t go to court, then your attorney can add pain and suffering damages to the negotiations for your final settlement.
How is Pain and Suffering Calculated in Texas?
Many states have similar laws and practices when it comes to calculating injury settlements. It can be up to interpretation for non-economic damages though, especially because there is no fixed rule relating to pain and suffering.
The most common approach is to use one of these methods:
- Pain and Suffering Multiplier Method: This method calculates economic damages (such as medical bills), then multiplies this number based on the severity of your injuries. So, the multiplier would be much higher for more serious and severe injuries.
- Per Diem Method: Another option is to calculate pain and suffering damages based on a daily dollar amount. You will receive this daily amount until you are recovered from the injuries.
Your attorney will help you determine the best approach for calculating the value of your pain and suffering. Ultimately, the method comes down to the complexity of your case, as well as the evidence that is available to back up your claims.
Factors That Will Affect the Value of Pain and Suffering
The actual amount you receive for pain and suffering depends on multiple factors relating to your case and injuries. As our legal team is preparing your case for negotiations or the courtroom, we are looking at details such as:
- The severity of your injuries
- How long will the injuries impact your life
- Any visible effects of the injuries (such as mobility loss or scars)
- Mental anguish
- Disruptions to your work or personal life
Additionally, the quality of your evidence and the skill of your legal team will play a role in the success of your case. Hiring a skilled legal team is the best decision you will make. You need to have an experienced personal injury attorney who will help you navigate the legal system and gather evidence that will maximize your compensation.
How to Prove Pain and Suffering in a Lawsuit
Simply claiming that you are suffering from your injuries isn’t enough. As our legal team is building your case, we gather the evidence that proves the connection between your accident and injuries, as well as documentation showing how much these injuries have impacted your life.
Some of the most common types of evidence that we gather include medical records, therapist notes, and testimonies from witnesses, doctors, or mental health professionals. We need to show the paper trail relating to your diagnosis, treatments, and follow-up appointments. It can also be helpful to show copies of your journal documenting the daily pain and symptoms, as well as the resulting emotional distress.
FAQs
What qualifies as pain and suffering in a Texas injury claim?
Examples of pain and suffering include physical pain, emotional distress, and loss of enjoyment of life.
How do insurance companies calculate pain and suffering damages?
These calculations are often based on the pain and suffering multiplier method. Or, alternatively, the insurance company might use a daily rate. It depends on the type of case.
Why Legal Help Makes a Difference for Personal Injury Claims
The most important decision you are going to make is hiring an experienced personal injury attorney for assistance during this process. Our legal team will help you build a strong case to prove how much the injuries have impacted your quality of life. We negotiate with the insurers, and we’re prepared to take the case to court if necessary.
For more information about available legal services, contact us at Green Law Firm. We’re happy to discuss your case and provide personalized recommendations: (956) 542-7000.
