If you have been injured in an accident, you may be entitled to receive both economic and non-economic damages.
Pain and suffering damages fall under non-economic damages, and economic damages are designed to compensate you for the physical pain and emotional distress caused by your injuries.
This includes compensation for the discomfort you endure during recovery, as well as any emotional suffering such as anxiety, depression, or a loss of enjoyment in life due to the injury. These damages recognize the toll an injury takes on both your body and your well-being.
How Do You Calculate Pain and Suffering Damages?
The legal definition of pain and suffering in Texas is not clearly defined, as it can vary depending on the circumstances of each case. Pain and suffering are also subjective, which can make it difficult to prove.
There are, however, two main methods for calculating pain and suffering damages:
- With the multiplier method, the total economic damages, which include medical bills and lost wages, are calculated. That total is then multiplied by a severity multiplier, which indicates the level of pain and suffering. In general, the multiplier ranges from 1.5 to 5, with higher values reflecting more severe injuries. In addition to the severity of the injuries, the multiplier is influenced by factors such as the impact of the injuries on your daily life and the likelihood of recovery.
- The per diem method focuses on the time between the date of the accident and the date on which you received maximum medical improvement (i.e., the point at which medical treatment is not expected to yield further significant improvement). A daily value for your pain and suffering is calculated, and this value is multiplied by the total number of days you experienced pain. The daily value considers your income together with a reasonable amount for pain and suffering.
Your lawyer can make preliminary pain and suffering calculations. If your personal injury case proceeds to trial, however, it is the jury that determines the amount of money to which you’re entitled for pain and suffering. While the jury has wide discretion in calculating pain and suffering damages, the judge may choose to reduce your compensation if the award is unusually large.
What Are Some Examples of Pain and Suffering?
Pain and suffering include both physical and emotional pain. Examples of physical pain and suffering include long-term disability that impacts your ability to work, physical limitations and loss of bodily functions now and in the future, ongoing physical discomfort, and significant disfigurement caused by scars, burns, or amputations.
Pain and suffering also encompass the emotional toll caused by your accident. After the accident, you may deal with post-traumatic stress disorder. You might notice changes in your sleep or eating habits. You could stop enjoying activities you once loved. Mood swings may become erratic, and feelings of anger or fear could feel overwhelming.
What Factors Can Influence the Amount of Pain and Suffering Damages I Receive?
There is no specific formula or legal standard for calculating pain and suffering damages, making it a subjective process. In addition to evaluating the severity of your injuries, your current situation will be assessed by looking at ways the injuries negatively affected your work, daily routines, and enjoyment of life. In addition, the potential for future pain and suffering, as well as future medical needs, will also be factored into the calculation.
Does Texas Cap Pain and Suffering Damages?
Pain and suffering damages in most personal injury cases in Texas are not subject to limits. Medical malpractice claims, however, are an exception. In such cases, pain and suffering (as well as other non-economic damages) are capped at $250,000 per defendant, with a $500,000 maximum allowed for all defendants.
What Do I Need to Show to Receive Compensation for Pain and Suffering?
For a personal injury claim, you usually must prove that another person’s negligence led to your injury. In order to receive compensation for pain and suffering, it’s important to be able to connect your pain and suffering to those injuries.
Pain directly related to your injuries, as well as pain experienced after undergoing necessary medical procedures, is more easily traced to your accident. Ongoing pain from injuries as well as emotional pain may be harder to trace, but with proper evidence, it is possible to do so.
What Types of Evidence Can Help Establish Pain and Suffering?
Unlike economic damages, such as medical costs, it can be difficult to establish pain and suffering through documents. And, because pain and suffering are subjective, they can be hard to prove.
To build your case, you’ll want to gather various forms of evidence, such as:
- Medical records that show the nature and duration of medical and/or psychological treatment received
- Testimony from family and friends who can speak to how you’ve been impacted by your injuries
- A pain journal that documents how you’re feeling on a daily basis
- Photographs from the scene of the accident
In addition, testimony from medical experts can help others understand the severity of your pain and suffering and its short- and long-term effects.
Contact Our Dallas Personal Injury Lawyers for a Free Consultation
Pain and suffering damages are often an integral part of a personal injury claim. Because they are based on your unique situation, however, they can be difficult to assess. You deserve to be fully compensated for your pain and suffering, and so your best course of action is to consult with an attorney who can fully and fairly evaluate your case.
Let Benton Accident & Injury Lawyers help you navigate the challenging days and months after an accident. Reach out today for a free, no-obligation consultation or call us at at (214) 556-8321 to talk through your options with a Dallas personal injury lawyer.