How to Calculate Pain and Suffering Damages for a Car Accident in Texas

Hurt in a motor vehicle crash? You are far from alone. The Texas Department of Transportation (TxDOT) reports that someone is injured in a collision almost once every two minutes in our state. Following a car crash, it is crucial that you are able to secure the full and fair financial compensation that you deserve, including for your non-economic damages such as pain and suffering.

This raises an important question: How is pain and suffering calculated in Texas? The short answer is that there is no fixed standard. Pain and suffering is always calculated on a case-by-case basis. Here, our Missouri City auto accident attorney provides a guide to how pain and suffering damages are calculated in Texas.

What is Pain and Suffering? 

A car accident could leave you with a serious injury. You have the right to seek compensation for your medical care. Of course, physical injuries often come with significant pain and suffering. Pain and suffering is a non-economic damage. While it cannot be tied directly to a specific dollar figure—such as a medical bill—it is no less real. In Texas, pain and suffering includes the physical pain from the injury itself as well as your emotional distress and mental anguish.

 Calculating Pain and Suffering in Texas 

In Texas car accident claims, calculating compensation for pain and suffering—a form of non-economic damages—can be complicated. Remember, these damages (by definition) lack a direct monetary value. There is no fixed formula for determining pain and suffering. In most cases, the multiplier method is used to try to determine a general value of car accident pain and suffering.

The multiplier begins by determining the total economic damages—such as medical expenses and lost wages. Next, a multiplier between 1.5 and 5 is selected to reflect the severity and overall impact of the injuries. The choice of multiplier depends on several factors, including the severity and permanence of the injuries, how the injuries affect daily life, the extent of emotional distress, and the level of physical pain. Once the multiplier is chosen, the economic damages are multiplied by that number to calculate the pain and suffering portion of the settlement or award.

Documentation is Key to Proving Pain and Suffering Damages

Unfortunately, the insurance companies that defend car accident injury claims fight to pay out as little as possible. If they can get away with it, they will try to reduce the value of your pain and suffering damages. With that in mind, it is imperative that you present a strong case. Evidence (documentation) is essential to proving the scope, severity, and value of your pain and suffering. Relevant evidence includes:

• Medical records;
• Doctor’s notes;
• Physical therapy records;
• Mental health counseling records;
• Personal testimony; and
• Witness statements.

Contact Our Missouri City Car Crash Lawyer for Pain and Suffering Today

At Henrietta Ezeoke Law Firm, our Missouri City car accident attorney fights aggressively for justice. If you have any questions about seeking compensation for pain and suffering after a collision, we are more than ready to help. Give us a call now or contact us online for a free, no obligation case review. With an office in Missouri City, we fight for car accident victims all across the region.

Source:

txdot.gov/content/dam/docs/trf/crash-reports-records/2023/01.pdf