If you or a loved one have been injured in an accident, you know physical pain and emotional suffering can be overwhelming. You may be entitled to pain and suffering damages for the psychological and physical impacts of your accident and injuries.
But how are pain and suffering damages calculated in Texas, and what factors influence their value? An experienced personal injury lawyer can evaluate your case to assess the compensation you may be entitled to.
What is Pain and Suffering?
Pain and suffering damages are a form of compensation awarded in some personal injury cases. They compensate for the physical pain and emotional distress caused by an injury.
Pain and suffering damages are more subjective than medical expenses or lost wages, which can be calculated with bills or pay stubs.
They most commonly take into account:
- Physical pain: This can include chronic pain, discomfort, and an injury’s short- or long-term effects.
- Emotional distress: The mental impact of an injury, which can include anxiety, depression, fear, and loss of enjoyment of life.
Pain and suffering damages are intended to compensate you for the non-economic losses associated with an injury. They can be a valuable form of compensation after your accident.
What is My Pain and Suffering Worth?
Determining the value of pain and suffering damages is not a straightforward process. Unlike medical bills or lost income, there is no way to quickly calculate the pain and suffering you may have experienced.
As a result, insurance adjusters, judges, and juries attempt to value pain and suffering by weighing several factors, including:
- The severity of your injury: More severe injuries typically result in higher pain and suffering damages. For example, a traumatic brain injury or spinal cord injury will generally warrant more compensation than a sprained ankle.
- The duration of your recovery: Injuries that require a longer recovery period or cause permanent disability typically result in higher pain and suffering damages.
- Impacts on your daily life: The extent to which your injury affects your ability to live, work, and perform daily activities will be factored into potential compensation.
- Your medical treatment: The type and extent of medical care you require, including surgeries, physical therapy, and ongoing treatment, can influence the value of pain and suffering.
An experienced personal injury lawyer in Texas can help you weigh how these different factors may impact potential compensation for your pain and suffering.
How Are Pain and Suffering Damages Calculated in a Texas Personal Injury Case?
Weighing pain and suffering with different factors can be complicated. As a result, insurance companies handling personal injury claims attempt to calculate pain and suffering with formulas.
There are two primary methods: the multiplier method and the per diem method.
- Multiplier method: The multiplier method is the most common method for calculating pain and suffering damages. This involves multiplying your economic damages, such as medical bills, lost wages, and property damage, by a number typically between 1.5 and 5. The multiplier is chosen based on the severity of your injury, its impact on you, and other factors.
- Per diem method: The per diem method assigns a daily rate to your pain and suffering. This rate is then multiplied by the number of days you have experienced pain and suffering due to your injury, typically since your accident date. This method is less common.
A personal injury attorney can help you fight for fair compensation, even if an insurance company tries to undervalue your pain and suffering. Many factors may be at play depending on the specifics of your case.
Will I Need to Hire an Expert Witness?
Substantiating pain and suffering damages is difficult. Your pain and suffering will likely not be obvious just from looking at you. Proving your damages may require hiring expert witnesses who can testify about the extent of your pain and suffering and justify your losses.
Two common types of expert witnesses used to prove pain and suffering damages include:
- Medical professionals: A medical specialist can testify about the severity of your injury, the pain it may cause, and any short or long-term effects. They can also explain whether you may require ongoing medical treatment.
- Mental health professionals: A mental health professional, such as a psychologist or psychiatrist, can assess your mental health. They can give a professional opinion about the psychological impact of your injury, including anxiety, depression, or post-traumatic stress you may be experiencing.
Expert witnesses can make or break your claim for pain and suffering damages.
What Personal Injury Accidents Can Lead to Pain and Suffering Damages?
Pain and suffering damages can arise from various types of accidents and incidents.
Our team has helped personal injury victims recover these damages in a variety of cases, including those involving:
- Motor vehicle accidents: Car accidents in Texas can quickly result in injuries, pain, and suffering. They can cause severe injuries such as fractures, spinal cord damage, and traumatic brain injuries.
- Slip and fall accidents: Falls can cause various injuries, from broken bones to head injuries, leading to pain and suffering.
- Medical malpractice: Patients may suffer long-term pain and emotional distress if a healthcare provider’s negligence causes harm.
- Product liability: Defective products can cause injuries that lead to pain and suffering, especially if the injury is severe or requires extensive medical treatment.
- Workplace accidents: Injuries sustained on the job, including in hazardous industries like construction, can result in significant pain and suffering.
The key to securing pain and suffering damages is demonstrating the impact of your injury on your life. A personal injury lawyer can help you with your legal claim.
A Texas Personal Injury Lawyer Can Help You Calculate Your Pain and Suffering Damages
If you or a loved one are dealing with pain and suffering after an accident in Texas, consult our Lumberton personal injury lawyers regarding the process of seeking compensation. We can work with you to gather evidence, calculate the value of your damages, and prove your claim with expert testimony. Schedule a free consultation today or contact us at (409) 444 3333.