What Are “Pain & Suffering” Damages in Texas & How Are They Calculated?

Pain and suffering damages refer to compensation awarded to those coping with physical or emotional distress caused by someone else. You can calculate these damages by accounting for the physical pain, mental anguish, and emotional trauma you experience due to another party’s actions. 

If you are injured in an accident caused by someone else, talk with a Houston personal injury lawyer about pain and suffering damages. Your lawyer considers these and other economic and non-economic damages relative to your case. They calculate your damages, file your claim, and put you in a position to get optimal case results.

What It Means to Ask for Pain and Suffering Damages in Texas 

Request pain and suffering damages if someone causes an accident in which you suffer injuries and you are coping with physical or emotional trauma relating to the incident. Pain and suffering are subjective damages. Reasons a judge or jury provides accident victims with damages for their pain and suffering include:

• Loss of enjoyment of life
• Loss of consortium
• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)
• Physical pain

Outside of seeking money for your pain and suffering, you can ask for compensatory damages as part of a personal injury claim or lawsuit. In your case, you could recover damages for your medical bills, lost wages, and other quantifiable and subjective losses. 

How to Calculate Pain and Suffering Damages in Texas

The compensation you receive for pain and suffering and other losses depends on your case. Your Houston personal injury attorney considers a wide range of factors as they calculate your losses, such as:

• How badly you are injured
• How your pain and suffering impact your daily life
• The costs of professional counseling or other therapies to help you manage your pain and suffering

Texas does not have a set formula for determining how much money is available for your pain and suffering. Sometimes, a personal injury lawyer will use a multiplier to figure out how much you should ask for in pain and suffering damages. 

With the multiplier method, your attorney assigns a number between one and five to your economic damages. They use a high number for severe and debilitating injuries. Comparatively, they utilize a low number for minor injuries. Once your attorney selects a multiplier, they apply it to your economic damages request. 

For example, you are getting ready to file a lawsuit after a distracted driver slams their car into your vehicle. You hire a Houston lawyer to help you file an auto accident claim, and they determine your economic damages are worth $10,000. 

In this situation, your attorney applies a multiplier of three to your economic damages. Thus, your lawyer requests $30,000 in compensation for your pain and suffering and other non-economic damages. 

How to Get Pain and Suffering Damages in Texas

Do not wait to request compensation for your pain and suffering and other losses. Per Texas Civil Practice and Remedies Code Section 16.003, you have two years to request compensatory damages via an insurance claim or personal injury lawsuit.  

Let a personal injury attorney guide you through the legal process. Your lawyer can negotiate a settlement in which they account for your economic and non-economic damages. Or, if warranted, they can file a lawsuit and take your case in front of a judge or jury. Call or contact us online today to schedule a free case consultation with an experienced attorney.