How is Pain and Suffering Calculated in Texas?

How is Pain and Suffering Calculated in Texas?

There’s a reciprocal and bidirectional relationship between poor mental health and pain: Almost half (35%-45%) of individuals who experience chronic pain ultimately develop depression.

Unfortunately, if you get hurt in an accident, ongoing pain can impact your mental health. When that accident gives rise to a legal claim for compensation, you might wonder how to accurately value this type of loss. In a personal injury case, these losses are defined as pain and suffering damages.

Here at DFW Injury Lawyers, our team of personal injury lawyers in North Texas have extensive experience helping clients define, value, and pursue damages in the form of pain and suffering in personal injury claims.

Have you recently been in an accident you think was someone else’s fault? Did this accident also lead to significant financial losses? If yes, you’ll want more information on your legal rights and options when it comes to damages for pain and suffering.

Below, we’ll go over everything you need to know to be successful in your legal claim.

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Key Takeaways

• The term “pain and suffering” describes a type of loss that an injured person can seek compensation for in a personal injury lawsuit.
• Pain and suffering damages are more difficult to prove and calculate, but an attorney can help you value these non-economic damages.
• If you were injured in an accident that you believe was someone else’s fault, then hiring a personal injury attorney and filing a claim may help you recover from your financial losses.

What is Pain and Suffering?

Broadly, pain and suffering is a term that describes specific damages endured after an accident caused by someone else’s negligence. Pain and suffering encompasses both the mental distress and the physical discomfort from an injury.

Physical discomfort defines the temporary or chronic pain from an injury that are detrimental to your day-to-day life. Minor physical pain might only be a temporary inconvenience, but chronic, severe, or long-lasting pain can prevent you from going to work, keep you on edge, and even negatively impact your personal relationships.

Mental pain and suffering is defined as any form of mental anguish or distress that you might experience after an accident. Sometimes, mental distress can be diagnosed in the form of depression, post-traumatic stress disorder (PTSD), anxiety, anger, or other conditions.

At other times, the negative mental consequences after an accident can only be described as diminishing the overall quality of life. Seeking pain and suffering damages for emotional distress is as valid as claims for physical distress.

Both physical and mental pain and suffering can stem from the same injury. For instance, a loss of your limbs could cause physical pain that diminishes your quality of life, and the injury could also spiral you into a depression because you struggle to return “back to normal.”

Traumatic brain injury (TBI) can also cause both physical pain and emotional suffering in addition to temporary or permanent cognitive impairments and a substantially diminished quality of life that intensifies all forms of pain and suffering.

Our team of dedicated lawyers understands how difficult it can be to identify, verbalize, and quantify these types of losses. Despite the complexity of the situation, it’s important for you to pursue your rightful compensation. Since the accident wasn’t your fault, you shouldn’t be the one to have to bear the burden of those losses alone.

How to Collect Evidence to Show Pain and Suffering

Pain and suffering is evaluated based on a number of factors. Here are just a few of the points that might be considered in a pain and suffering claim:

• The overall severity of your injury
• The level of pain experienced from medical treatment
• Whether the pain is chronic
• The impact of the injury on your quality of life
• Your ability to remain independent
• Whether emotional or mental trauma is present

To show the extent of these losses, collect evidence like medical bills, any diagnosis from a medical provider, and any documentation showing that you’re enrolled in therapy. Beyond that, statements from friends and family members can attest to the extent of your injury. A Texas personal injury lawyer can also hire a medical expert witness to testify on your behalf regarding the seriousness of your injury.

Remember that certain evidence could be used against you to disprove your claims. To prevent anything from being used against you, don’t post on social media until your claim concludes. It’s also wise not to talk openly about your injuries. Don’t return to work if you were ordered not to, and never put yourself at risk by participating in activities that could aggravate your injuries.

Suing for Pain and Suffering: Who Is at Fault?

Courtrooms in Texas operate on a modified comparative fault basis, which could potentially impact your lawsuit for pain and suffering. This type of system determines how much of a pain and suffering settlement award an injured individual is entitled to based on the percentage of fault attributed to both parties. If the injured person is considered more than 50% at fault, they won’t be able to seek compensation for pain and suffering.

Otherwise, you’ll be entitled to a percentage of your overall losses. For instance, if you were 25% at fault for an accident, you could still collect up to 75% of your damages from the at-fault party.

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