Pain and suffering damages are meant to compensate an injured person for the physical and emotional impact of an accident. These damages can be important in personal injury cases because medical bills and lost wages do not always show the full harm a person has suffered.
In Texas, pain and suffering is usually part of a broader category called non-economic damages. These damages can be harder to prove than economic damages, but can be worth significantly more. Keep reading to learn more about how pain and suffering damages are calculated in Texas.
What Are Pain and Suffering Damages?
Pain and suffering damages are different from economic damages. Economic damages include losses with clearer dollar amounts, such as hospital bills, surgery costs, physical therapy, medication, lost income, and reduced earning ability.
Pain and suffering damages focus on how the injury affects your daily life. For example, a person may have chronic pain, trouble sleeping, fear of driving, stress, anxiety, or limits on hobbies and family activities.
These losses are real, but they can be harder to measure. There is no receipt that shows the value of living with pain every day. That is why evidence is so important.
The Multiplier Method
One common way to estimate pain and suffering is the multiplier method. This method starts with economic damages, then multiplies that amount by a number based on the seriousness of the injury.
For example, if a person has $50,000 in medical bills and lost wages, an insurance company may multiply that amount by 1.5, 3, or another number. A more serious injury may justify a higher multiplier, while a shorter recovery may lead to a lower one.
This method is only an estimate. It is not required in every Texas case, and insurance companies may disagree about the correct multiplier.
The Per Diem Method
Another method is the per diem method. “Per diem” means “per day.” This method assigns a daily dollar amount to the person’s pain and suffering, then multiplies it by the number of days the person suffered.
For example, a claim might assign a daily amount from the date of the crash until the person reaches medical improvement. This method may be useful when the recovery period is clear.
However, the per diem method can be harder to use for long-term or permanent injuries. It may also be challenged if the daily amount is not supported by strong evidence.
What Evidence Helps Prove Pain and Suffering?
Pain and suffering damages depend heavily on proof. The more clearly you can show how the injury affected your life, the stronger your claim may be.
Helpful evidence may include:
- Medical records
- Photos of visible injuries
- Prescription records
- Physical therapy notes
- Mental health records
- Testimony from doctors
- Statements from family and friends
- A pain journal
- Work records showing missed time
- Photos or videos showing your life before and after the accident
A pain journal can be especially useful. It may track pain levels, sleep problems, missed activities, emotional struggles, and limits on daily tasks.
Can You Recover Pain and Suffering if You Were Partly at Fault?
It is possible. Under Texas’s comparative negligence law, a claimant cannot recover damages if their percentage of responsibility is greater than 50%. If they are 50% or less at fault, their recovery may be reduced by their share of fault.
For example, if you were found 20% responsible, your compensation could be reduced by 20%. This rule can affect both economic and non-economic damages, including pain and suffering.
Insurance companies may use this rule to shift blame. They may argue that you caused the accident or made your injuries worse. An attorney can help gather evidence to respond to those claims.
Are Pain and Suffering Damages Capped in Texas?
In many standard personal injury cases, Texas does not place a general cap on pain and suffering damages. However, some types of cases may have special rules or limits.
For example, medical malpractice claims may involve limits on certain non-economic damages. Claims against government entities may also have notice rules and damage limits. Because these rules can be complicated, it is important to speak with a lawyer about the type of claim you have.
How Long Do You Have to Seek Pain and Suffering Damages in Texas?
In most Texas personal injury cases, you typically have two years from the date of the injury to file a lawsuit. There may be exceptions depending on the facts and circumstances of a specific case.
Waiting too long can hurt your case. Witnesses may forget details, video footage may be erased, and records may become harder to find. Acting quickly can help preserve evidence of your pain, treatment, and daily limitations.
Contact Our Houston Personal Injury Lawyers at Omar Khawaja Personal Injury Lawyers for a Free Consultation
Pain and suffering damages can be difficult to calculate because they deal with the human impact of an injury. A fair claim should account for more than medical bills. It should also consider your pain, stress, lost independence, and reduced quality of life.
If you were injured in in Houston or Dallas, Omar Khawaja Personal Injury Lawyers can help you understand what your case may be worth. Contact our Houston personal injury lawyers today to schedule a free consultation.
We proudly serve clients throughout Texas, with offices in Houston and Dallas.
Omar Khawaja Personal Injury Lawyers – Houston Office
5177 Richmond Ave. Suite 1065, Houston, TX 77056
(281) 888-2339
Omar Khawaja Personal Injury Lawyers – Dallas Office
5345 Towne Square Dr Suite 240, Plano, TX 75024
(469) 300-5046