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Texas law allows victims to recover compensation for pain and suffering injuries caused by someone else’s negligence. That includes physical pain and suffering as well as the emotional consequences of the injury.
However, the insurance company will rarely offer the full compensation you deserve without putting up a fight. An experienced Texas personal injury attorney from The Wilhite Law Firm can help guide you through the process of pursuing the financial recovery that will allow you to move forward.
Contact us now for a free consultation to discuss your legal options for pursuing compensation for pain and suffering and other losses.
How Do I Recover Pain and Suffering Damages?
In Texas, successfully recovering damages for pain and suffering in a personal injury lawsuit involves several critical steps:
- Establish fault – You must demonstrate that someone else was responsible for your injuries due to negligence or intentional harm.
- Determine liability – You can pursue damages if sufficient evidence establishes that the other party was at fault.
- Provide comprehensive documentation – Examples include detailed records of your injuries, treatment plan, medical expenses, and any other documentation that illustrates the impact of the injuries on your daily life.
- Obtain expert testimony – Testimony from medical professionals, mental health experts, and other relevant experts can substantiate the extent of your injuries and their impact on your life.
The process of recovering pain and suffering damages in personal injury cases generally involves:
- Negotiating with insurance companies – Your attorney will negotiate with the other party’s insurer to seek a settlement that covers all your losses.
- Filing a lawsuit – If negotiations fail to produce a satisfactory settlement offer, the next step may involve pursuing a lawsuit to seek total compensation.
How Is Pain and Suffering Calculated?
Your attorney will take several factors into account when assessing how much pain and suffering compensation to pursue on your behalf:
- Extent and severity of the injuries – More severe injuries generally lead to higher payouts
- Impact on daily life – How your injuries affect your ability to perform daily activities, maintain employment, and enjoy your life
- Duration of suffering – The past, current, and anticipated future suffering resulting from long-term or permanent injuries
- Emotional distress – The psychological impact of your injuries, including anxiety and depression
- Loss of consortium – Any adverse effects on your relationship with your spouse or family members
The most common methods of calculating how much pain and suffering compensation you could receive are the multiplier and per diem methods. With the multiplier method, your attorney multiplies your total economic damages (such as medical bills and lost wages) by a number typically ranging from 1.5 to 5 to calculate pain and suffering damages. Particularly catastrophic injuries could receive a higher number.
Although less common, your lawyer might instead use the per diem method to calculate a daily rate of pain and suffering from the injury date until you reach maximum medical improvement.
How Do I Prove Pain and Suffering in Texas?
Proving pain and suffering in a Texas personal injury case requires evidence that convincingly shows the extent of your physical and emotional anguish following an accident. Examples of evidence can include:
- Personal testimony – Your descriptions, such as a journal, can document your daily experiences of pain and emotional distress and how the injury has impacted your life.
- Medical documentation – A detailed report from your medical practitioner is essential. The report should confirm that you sustained injuries and outline the expected course of your recovery and any long-term physical consequences.
- Mental health professional evaluation – If your claim includes compensation for mental health issues like depression, anxiety, or insomnia resulting from the accident, a report from a mental health expert is crucial.
- Prescriptions for pain management or mental health issues – This includes over-the-counter and prescription drugs directly related to alleviating symptoms caused by the injury.
- Testimony from family and friends – Oral or written testimony from close contacts can highlight changes in your behavior, social life, and ability to perform daily tasks that are often not visible in medical reports.
What Is Covered in a Pain and Suffering Claim in Texas?
A pain and suffering claim in Texas encompasses a broad spectrum of non-economic losses that significantly impact your quality of life, including:
- Physical pain and discomfort – Whether temporary or permanent, any physical pain and discomfort you experience due to the injury falls under the umbrella of pain and suffering, including chronic pain and physical limitations.
- Emotional distress – This category covers a range of psychological effects caused by the incident, including anxiety, depression, panic attacks, post-traumatic stress disorder (PTSD), and insomnia. The compensation addresses immediate and long-term emotional and mental health challenges.
- Loss of quality of life – This might include the stress of dealing with the injury’s implications, such as adjustments to daily routines, inability to engage in previously enjoyed activities, and the overall diminishment in quality of life, whether temporary or permanent.
- Loss of consortium – In cases of severe injury, the claim can include loss of consortium, which includes the loss or diminishment of intangible elements of your relationship with your spouse or partner.
- Cognitive issues – Cognitive problems, including memory loss, can profoundly affect your ability to work, maintain social relationships, and manage daily activities.
What Factors Can Affect My Pain and Suffering Claim?
Several factors can impact your pain and suffering claim in Texas:
- Age and pre-accident health – Your age and any pre-existing medical conditions could affect the recovery trajectory and the perceived severity of your accident injuries.
- Credibility of testimony – Decision-makers will evaluate the authenticity and believability of your testimony and that of your family members, experts, and other witnesses.
- Strength of evidence – An insurance adjuster or court will determine whether your medical reports and expert testimony show the significant effects of pain and suffering on your life.
- Daily activity survey – Whether you can independently complete daily life activities (such as moving from a prone to standing position, bathing, and dressing) is also a factor.
How Long Do I Have to File a Pain and Suffering Lawsuit in Texas?
The statute of limitations for personal injury claims – including claims for pain and suffering – in Texas is generally two years from the date of the injury. If you file after the deadline has passed, you almost always forfeit your right to seek compensation in court. Working with an attorney can help you stay on top of these critical deadlines.
Contact a Texas Personal Injury Lawyer
Pursuing a personal injury claim can be challenging. Fortunately, a Texas personal injury attorney with The Wilhite Law Firm is ready to help. You deserve an aggressive legal advocate who will fight for maximum compensation for your pain and suffering from an injury accident.
To learn more, contact us to get started with a free consultation.
