After you’ve been hurt by someone else, you have substantial medical bills as a record of the physical pain you’ve endured. It’s understandable to want to recover those financial costs, but what about the emotional and psychological toll? A life-altering accident can mean you won’t realize your goals or career potential, or be less able to support yourself and your family.
Securing compensation for the “hidden” impact of a car accident or other incident is just as important as obtaining payment for your bills. Below, a personal injury lawyer from Farah Law guides you in understanding pain and suffering in personal injury cases in Texas.
Texas Allows You to Collect Three Types of Damages
Under Texas Civil Practice and Remedies Code 41.001, you have the right to seek economic damages, which have a specific value, and non-economic damages, which are less tangible. Your case may also qualify for exemplary damages under certain circumstances. Some examples of economic damages include:
- Medical costs
- Property damage
- Medications and medical devices
- Therapy and nursing care
- Lost income and earning potential
Your non-economic damages address the value of your pain and suffering. Most insurance policies do not cover these losses, although a skilled personal injury attorney will make every effort to negotiate some financial recognition of what you’ve suffered. If you have substantial pain and suffering, you may benefit from filing a personal injury lawsuit.
Exemplary Damages Are Rare in Texas
You could also receive exemplary damages, sometimes called punitive damages. These are usually awarded by the court when your attorney presents clear and convincing evidence that the at-fault party’s actions were fraudulent or intentionally malicious. Texas law limits these damages, and your attorney can explain how this impacts your case.
What Losses Count as Pain and Suffering?
The term “pain and suffering” varies from one person to the next. For example, a physically fit, younger person may bounce back from a car crash quickly with no long-term effects. Yet, an older person with pre-existing conditions could face a shortened lifespan and significant health issues as a result of a similar accident.
Here are examples of pain and suffering in personal injury cases:
- Physical pain: According to an article in the National Library of Medicine, the psychological impact of both acute and chronic pain can reduce a person’s ability to heal.
- Emotional anguish: Feeling as if you have no rest from pain and limited activities can lead to anxiety, PTSD, depression, and other mood issues.
- Isolation and embarrassment: If you suffer disfiguring or scarring from your injury, you may refrain from going out or seeing people, leading to a sense of loneliness and loss of reputation.
- Loss of enjoyment of life: With constant pain or limited mobility, you may no longer be able to engage in your favorite hobbies, activities, or work. This can substantially reduce your mental condition and affect your social and professional relationships.
- Permanent disability: Losing a limb, motor control, or cognitive function can leave you unable to care for yourself or work.
- Loss of consortium: Losing the ability to share intimacy with your partner or spouse can dramatically affect your relationship, potentially causing it to end.
- Loss of guidance and comfort: Being severely injured could mean you’re unable to provide guidance and support to your family members and children.
Fortunately, the law considers each case on its own merits, so you don’t have to meet a certain level of pain and suffering that may not apply to you adequately. You can request the damages unique to your claim and the way they affect your life. Most law firms can also connect you with medical and other specialists who can diagnose and treat your physical and emotional conditions.
How to Calculate Pain and Suffering in Texas Personal Injury Claims
The courts in Texas don’t provide specific guidelines for calculating pain and suffering, so you must be sure to partner with a highly experienced personal injury attorney. They can use appropriate methods and research to verify your claim’s full value, including the non-economic losses. There are two main approaches used in Texas:
Multiplier Method
This method takes the value of your economic damages and multiplies it by a factor of between 1.5 and 5 to represent your pain and suffering. Various elements of your case will determine the multiplication factor, such as your age, health prior to the injury, the severity of your injuires, and your expected recovery level. Consider our car accident example earlier.
If you are young and suffer a broken leg, you are likely to recover quickly and suffer little impact on your life later on. Your multiplier might be 1.5 or 2. However, if you are older with arthritis and use a cane when you suffer a broken leg, you may never fully recover and have greatly reduced mobility. Because a broken bone is more likely to affect your physical and emotional health, your multiplier could be 3 or 4.
Per Diem Method
The per diem method assigns a daily value to your pain and suffering, and your attorney multiplies that value by the number of days you need to recover. Your total number of days ends when you reach maximum medical improvement (MMI), which is the level at which you will not get any better. So, if the per diem is $300 and you reach MMI after 100 days, your pain and suffering would equal $30,000.
Ways You Can Support Your Claim for Pain and Suffering Damages
Sometimes, you can use medical records, doctor statements, and other measurable documentation to establish the value of your pain and suffering in a personal injury case. Other methods include the following:
- Photos and scans of your injuries and progress
- A detailed pain journal where you write down your pain level, emotional concerns, and the injury’s effects on your daily life
- Statements from caregivers, family members, and others regarding your mental and physical recovery
- Reports and session notes from therapists and counselors
- Your list of medications and treatment visits
As always, a reputable and experienced attorney will guide you in building the evidence needed to support your damage demands. They will negotiate fiercely with insurance companies and at-fault parties to secure the compensation you need for a full physical, emotional, and financial recovery. You can put your energy into getting better while they manage the challenging details of your case.
Farah Law Is Dedicated to Your Well-Being and Recovery
At Farah Law, your personal injury attorney will begin with a free consultation to discuss the details of your claim. When you partner with us, you can focus on healing, knowing we will keep you updated and moving forward. We offer a contingency fee payment structure, so you do not pay us unless we secure a settlement on your behalf.
If you’ve been injured, learn more about pain and suffering in your personal injury case when you contact us today.
