How much is pain and suffering in Texas?

Can you calculate Pain and Suffering in Texas?

When you’ve been injured in an accident in Texas, it’s not just the physical injuries that can take a toll on your life. The emotional and mental anguish you endure can be just as debilitating. This is where pain and suffering damages come into play. But what exactly are these damages, how do we prove them and can they be calculated? Let’s dive in.  In most personal injury cases, Plaintiff ask for compensation for tangible expenses such as medical bills, prescriptions, property damages.  These are the things you have a receipt for or a record of, but pain and suffering damages is more difficult to explain and prove. At The Low Law Firm we deal with what it takes to prove pain and suffering damages, every day.  Call us for a free consultation!

What is Pain and Suffering?

Pain and suffering refer to the physical pain and emotional distress that a person experiences as a result of an injury. This can include:

• Physical Pain: The actual pain and discomfort from the injury itself and any medical treatments.
• Emotional Distress: Mental anguish, anxiety, depression, and loss of enjoyment of life due to the injury.
• Memory Loss
• Loss of consortium (in some cases)

These damages are considered non-economic because they do not have a direct monetary value, unlike medical bills or lost wages. However, they are a crucial part of a personal injury claim and can significantly impact the overall compensation you receive.

Plaintiffs can seek these damages in cases such as motor vehicle accidents, tractor trailer wrecks, oil tanker accidents, workplace injuries and many other types of personal injury cases.

How is Pain and Suffering Calculated?

Northwestern University School of Law published a fascinating report on how to calculate pain and suffering in Texas and is a good read for anyone interested in learning more.  However, calculating pain and suffering damages is more complex than tallying up medical expenses. In Texas, there are two primary methods used:

1. The Multiplier Method
2. The Per Diem Method

1. The Multiplier Method

The multiplier method involves adding up all of the plaintiff’s quantifiable economic damages (like medical bills and lost wages) and multiplying that sum by a number typically between 1.5 and 5. The exact multiplier depends on the severity of the injury, the impact on the victim’s life, and other relevant factors.

• Example: If your economic damages total $20,000 and the multiplier chosen is 3, your pain and suffering damages would be $60,000, making your total compensation $80,000.

2. The Per Diem Method

The per diem method assigns a specific dollar amount to each day the victim suffers from their injuries. This daily rate is then multiplied by the number of days the victim is expected to experience pain and suffering.

• Example: If a daily rate of $200 is assigned and the victim is expected to suffer for 300 days, the pain and suffering damages would be $60,000.

Texas law permits recovery of pain and suffering for both the past and what you may suffer in the future, however, the law is clear that a jury will determine this amount based on its own common knowledge and sense of justice.  Which means you need an attorney familiar with the standards and that will be persuasive to a jury.

How to Prove Pain and Suffering

Proving pain and suffering requires substantial evidence to demonstrate the extent of your injuries and the impact on your life. Here are some common ways to substantiate your claim:

• Medical Records: Detailed documentation from healthcare providers outlining your injuries, treatments, and prognosis.
• Personal Testimony: Your own account of how the injury has affected your daily life, activities, and emotional well-being.
• Expert Testimony: Input from medical experts, mental health professionals, and other specialists who can attest to the severity and impact of your injuries.
• Witness Statements: Testimonies from family members, friends, or coworkers who have observed the impact of your injuries on your life.

Why You Should Seek Legal Help

Navigating a pain and suffering claim can be incredibly complex, and having an experienced personal injury attorney on your side can make a significant difference. Here’s why:

• Expertise in Valuing Claims: Lawyers have the experience to accurately assess the value of your pain and suffering based on precedents and the specifics of your case.
• Negotiation Skills: Insurance companies often aim to minimize payouts. An attorney can effectively negotiate on your behalf to ensure you receive fair compensation.
• Legal Knowledge: Personal injury law can be intricate, and a lawyer will understand the nuances and legal requirements to build a strong case.
• Peace of Mind: Dealing with the aftermath of an injury is stressful enough. Having legal representation allows you to focus on your recovery while your attorney handles the legal aspects.

In conclusion, while there is no definite method of calculating what a jury will aware, calculating pain and suffering damages in Texas is challenging.  But understanding the methods and the importance of solid evidence can help you navigate the process more effectively. Seeking legal help ensures that your rights are protected and that you receive the compensation you deserve for the physical and emotional toll of your injuries.  Contact The Low Law Firm if you have been injured for a free consultation. (325) 455-1889.