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When you suffer an injury due to someone else’s negligence, you may be entitled to compensation for more than just your medical expenses and lost wages. Pain and suffering refers to the physical and emotional distress caused by an accident and its aftermath. This type of damage is considered non-economic, meaning it does not have a fixed monetary value but can significantly impact your quality of life.
Scott Scherr and the entire team at The Payne Law Group understands that the consequences of an accident extend beyond the financial burden. The emotional and physical toll can be overwhelming, and it’s crucial to ensure that your legal claim accounts for these damages.
Types of Pain and Suffering
Pain and suffering in a personal injury case generally fall into two categories:
Physical Pain and Suffering
This includes any ongoing discomfort or pain resulting from the injury itself. Some examples include:
- Chronic pain from fractures, burns, or soft tissue injuries
- Nerve damage causing ongoing discomfort or mobility issues
- Permanent disabilities leading to a loss of function
- Traumatic brain injuries resulting in headaches, dizziness, or cognitive impairment
Emotional and Mental Pain and Suffering
Many accident victims experience significant emotional distress, which can be just as debilitating as physical pain. Common examples include:
- Anxiety or depression related to the accident
- Post-traumatic stress disorder (PTSD), particularly after severe accidents
- Insomnia or difficulty sleeping due to trauma
- Loss of enjoyment of life due to physical limitations
These non-economic damages recognize the full impact an injury has on your life, even when the effects aren’t immediately visible.
How Pain and Suffering Is Calculated
Unlike medical bills or lost wages, there is no standard formula for determining the value of pain and suffering damages. Many insurance companies typically use two main methods:
The Multiplier Method
This approach assigns a number (typically between two and five) based on the severity of your injuries. That number is then multiplied by your total economic damages (medical expenses, lost wages, etc.).
For example, if your medical bills total $50,000 and a multiplier of three is used, your pain and suffering damages would be valued at $150,000.
The Per Diem Method
This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you are expected to endure the effects of the injury. For instance, if $200 per day is assigned and you experience pain for 180 days, you may be awarded $36,000.
Insurance companies and defense attorneys may try to minimize these damages, which is why having an experienced legal team is essential. This is especially true because different injuries, different people with different jobs and pain tolerance are not created equal. So using a mathematical formula to “make one size fit all” is not a proper method to actually determine the value of a particular case. Attorney Scott Scherr can help you properly evaluate your case, your specific situation, the value that should be placed on your claim.
Proving Pain and Suffering in a Personal Injury Case
Because pain and suffering damages are subjective, proving them requires strong evidence. Some key ways to support your claim include:
- Medical Records: Showing the severity and longevity of your injuries
- Doctor Testimony: Statements from medical professionals about your condition
- Psychological Evaluations: Documentation of emotional distress or PTSD
- Personal Journals: A record of your pain levels, emotional struggles, and daily limitations
- Witness Testimony: Statements from family or friends about changes in your lifestyle and mental health
Insurance adjusters will look for inconsistencies in your claim, so detailed documentation is crucial.
Can Pain and Suffering Be Limited in Texas?
Texas follows a modified comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for your injuries. Under Texas Civil Practice and Remedies Code § 41.001, there is also a cap on non-economic damages in some instances, such as medical malpractice lawsuits. However, in most personal injury cases, there is no set limit on pain and suffering compensation.
Why Legal Representation Matters
Insurance companies often try to undervalue pain and suffering damages, offering settlements that don’t reflect the full impact of your injuries. Without legal representation, you may end up accepting far less than you deserve.
At The Payne Law Group, we have extensive experience handling personal injury claims and fighting for fair compensation. We understand the complexities of Texas personal injury law and work to ensure our clients receive the maximum possible recovery.
Contact The Payne Law Group Today
If you or a loved one has been injured due to someone else’s negligence, don’t settle for less than you deserve. Contact Scott Scherr at The Payne Law Group today for a free consultation. We will fight to ensure that your pain and suffering is fully accounted for in your claim.