Texas law lets you ask for payment for the pain and suffering you went through because of someone else’s carelessness or wrongdoing. Your legal team will use evidence to show your claim is credible and help to calculate a fair amount for your experience.
Let’s take a look at how pain and suffering can be compensated in Texas personal injury cases and what you can do to make sure you get what you deserve.
What Pain and Suffering Means Under Texas Law
Under the Texas Civil Practice and Remedies Code, Chapter 41, pain and suffering (called non-economic damages) is any loss that isn’t money. These damages cover the physical pain from your injuries and the emotional stress you go through while recovering.
Each person’s experience of pain and suffering is unique. For example, if a car accident leaves both you and your spouse with similar injuries, but the incident aggravates a pre-existing condition for you, your recovery may differ significantly from your spouse’s. As a result, you might each pursue very different damage claims.
It’s important to give strong, well-supported evidence for pain and suffering claims to have the best chance of getting full compensation. This can include statements from your doctor or therapist showing how the injury may affect your mental health in the future.
Non-economic damages, or pain and suffering, cover any loss that isn’t financial under Texas law.
Types of Pain and Suffering Recognized in Texas Injury Cases
Texas law gives you the right to claim pain and suffering damages for the following conditions:
- Physical pain and suffering: Acute initial pain and chronic pain
- Mental anguish and emotional distress: Disruptive conditions, such as depression, anxiety, or PTSD
- Loss of consortium: Loss of intimacy with a spouse
- Disfigurement: Loss of limb or scarring that can lead to social isolation
- Physical impairment: Amputation, paralysis, or mobility issues
- Loss of companionship and society: Inability to retain friendships and social activities
- Loss of enjoyment of life: Inability to engage in your former hobbies and interests
- Injury to reputation: Personal, professional, or both
Many non-economic damage categories overlap, such as emotional distress and mental anguish. Your personal injury attorney can help you identify each type of loss and determine a fair amount to include in your overall damage claim.
How Pain and Suffering Is Proven with Evidence
The cornerstone of personal injury claims is evidence with authority, quality, and credibility. Medical evidence from doctors can help show your pain and suffering and support your claim. Examples include:
- Scans, imaging, and physician notes indicating pain and recovery status
- Calendars and treatment schedules showing your consistent efforts for maximum recovery
- Notes from physical and mental therapists regarding your progress
- Your personal pain journal documenting your mental and physical state
- Statements from family and friends regarding your recovery compared to your life before the injury
- Testimony from your treating physicians clarifying expected outcomes according to your unique circumstances
Your story helps show how much pain and suffering affect you. Combined with official proof, it can strengthen your settlement claim.
How Insurance Companies Dispute Pain and Suffering Claims
Insurance adjusters often try to protect their company and may challenge your pain and suffering claim. They might say your injuries are exaggerated or caused by something else.
If you miss doctor’s appointments, adjusters may argue that your injuries aren’t serious. They may offer less if you had a pre-existing injury, even though the “eggshell skull doctrine” protects your claim. You have the right to claim damages from a personal injury regardless of your previous medical condition.
In fact, if the accident made a condition worse, you can claim damages. Insurance adjusters may try to confuse you, but your lawyer can help keep your settlement fair.
Accidents that worsen existing injuries can still lead to compensation. Let your lawyer deal with adjusters to protect your payout.
How Pain and Suffering Damages Are Calculated
Attorneys use two methods to calculate pain and suffering damages: multiplier and per diem. The first multiplies your economic losses (medical bills and lost income) by a number between 1.5 and 5. The more severe your injuries, the higher the multiplier number.
The second approach assigns a daily dollar amount to the pain and suffering, multiplied by the number of days you’ve experienced it. Both approaches are not legally binding. Your payout depends on solid evidence and how much the injury changes your daily life. Your lawyer must emphasize the permanent effects on your health, sleep, and relationships to the jury.
How Comparative Negligence Affects Pain and Suffering Recovery
Expect pushback from insurance companies and the person at fault. Under Texas Civil Practice and Remedies Code §33.001, each party is responsible only for their part of the damages.
Up to that threshold, you can secure a reduced amount equal to your percentage of fault. For example, if you file a $100,000 claim but are 30% to blame, the most you can collect is $70,000 (30% less). The other side will try to show more fault on your behalf as a way to pay less, meaning you need an attorney who works aggressively to minimize your role.
Limits and Restrictions on Pain and Suffering in Texas
There are caps of $250,000 per person for medical malpractice cases and claims against government agencies.
For other civil cases, Texas jury instructions limit non-economic damages to things like past and future pain and suffering, physical disability, impairment, and inconvenience. Awards should consider how your injuries affect the “normal pursuits and pleasures of life.”
Beyond that, your jury award should fairly compensate you for your injuries, based on the evidence you provide.
When to Hire a Lawyer for Pain and Suffering Damages
Hiring an attorney right away lets your legal team present strong arguments and clear evidence to support your pain and suffering claim. They can also review insurance policies to explain your rights. The Insurance Research Council (IRC) found that claimants recover more when they hire a personal injury lawyer.
Your attorney knows what you can claim for pain and suffering. Insurance companies may offer less than you ask, ignore your non-economic evidence, or refuse to pay anything for pain. They may claim the policy only covers economic damages, leaving out your personal losses.
At J.D. Silva & Associates, we can help you understand pain and suffering in Texas injury claims. Contact us to schedule a free consultation.