Understanding Pain and Suffering Damages in Texas: How They’re Calculated

If you’ve been injured in an accident in Texas, you may be entitled to compensation beyond your medical bills and lost wages. These additional damages, known as “pain and suffering,” can significantly impact your settlement amount but are often misunderstood by accident victims.

What Are Pain and Suffering Damages?

Pain and suffering damages fall under the category of “non-economic damages” and compensate you for the physical pain and emotional distress resulting from your injuries. Unlike economic damages, such as medical bills or lost wages that have clear dollar amounts, pain and suffering are subjective and more challenging to calculate.

These damages may include:

• Physical pain and discomfort
• Emotional distress
• Mental anguish
• Loss of enjoyment of life
• Anxiety and depression
• Sleep disturbances
• PTSD symptoms

How Are Pain and Suffering Damages Calculated in Texas?

Texas courts and insurance companies typically use one of two methods to calculate pain and suffering:

The Multiplier Method

This approach takes your economic damages (medical expenses and lost wages) and multiplies them by a number between 1.5 and 5, depending on the severity of your injuries. For example, if you have $20,000 in medical bills and lost wages, and your injuries are moderate, your pain and suffering might be calculated using a multiplier of 2, resulting in $40,000 for pain and suffering.

Factors that can increase your multiplier include:

• Permanent or long-term injuries
• Visible scarring or disfigurement
• Lengthy recovery period
• Impact on daily activities
• Need for ongoing medical treatment

The Per Diem Method

This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you experienced pain. The daily rate is often based on your daily earnings, with the logic that dealing with pain is at least as difficult as going to work.

Limitations on Pain and Suffering in Texas

Texas places a cap on non-economic damages in certain types of cases:

• In medical malpractice cases, non-economic damages are capped at $250,000 per healthcare provider, with a maximum of $500,000.
• There is no cap on pain and suffering damages in most other personal injury cases, including car accidents, truck accidents, and premises liability cases.

Proving Pain and Suffering

To maximize your pain and suffering compensation, you’ll need strong evidence:

1. Medical Records: Detailed documentation from healthcare providers about your injuries, treatment, and prognosis.
2. Expert Testimony: Statements from medical professionals about your pain levels and limitations.
3. Personal Documentation: Keep a daily journal documenting your pain levels, emotional state, and how your injuries affect your daily life.
4. Witness Statements: Testimonies from family, friends, and coworkers who can attest to how your injuries have impacted your life.
5. Photographic Evidence: Images of your injuries, especially if they caused visible trauma or scarring.

The Importance of Legal Representation

Insurance companies are notorious for undervaluing pain and suffering damages. An experienced personal injury attorney understands how to build a compelling case for the full extent of your non-economic damages.

At David Sanchez Law Group, we have extensive experience helping accident victims recover fair compensation for their pain and suffering. Our attorneys know how to effectively present evidence of your non-economic damages and negotiate with insurance companies for the maximum possible settlement.

If you’ve been injured in an accident in Texas, contact David Sanchez Law Group at (972) 529-3476 for a free consultation. We can help you understand the potential value of your pain and suffering damages and fight for the compensation you deserve.