Pain and suffering damages is another way of referring to non-economic damages. The damages represent the intangible losses and harm caused by an accident or personal injury.
Texas personal injury laws provide compensation for non-economic damages and economic damages. However, the injured party must prove the other party caused their injuries. Economic damages are more straightforward to calculate because you can quantify the losses through medical bills, lost wages, and other other means.
Do not trust the value given to you by an insurance adjuster. Insurance companies tend to downplay pain and suffering damages. A skilled Dallas personal injury lawyer can help you calculate the value of your pain and suffering damages for your personal injury claim at (214) 615-6394.
What Types of Damages Are Included in Pain and Suffering Claims?
Victims often suffer in numerous ways after an injury or accident. They may experience overwhelming physical pain or crippling emotional distress. Permanent injuries may cause them to experience a deep depression as they realize their life will never be the same.
Pain and suffering damages include but are not limited to:
- Physical discomfort and pain caused by injuries and the medical treatments required for the injuries
- Emotional distress, including PTSD, severe depression, chronic anxiety, and other psychological conditions
- Loss of enjoyment of life
- Mental anguish and trauma
- Diminished quality of life
- Impairments and disabilities
- Loss of consortium
- Scarring and disfigurement
Even minor injuries can result in severe pain and suffering. Regardless of the severity or type of injuries you sustain, you deserve to be compensated fairly for the pain and suffering your injuries have caused. However, you have the burden of proving your pain and suffering to receive compensation.
Proving Pain and Suffering Damages for a Personal Injury Case
Everyone suffers differently. Two people can sustain the same injury but have vastly different experiences with pain and suffering. Because pain and suffering damages are subjective, you need documentation and testimony to prove your case.
Evidence used to prove pain and suffering damages includes:
- Medical records establishing the type of injuries you sustained and the severity of the injuries
- Photographs of your injuries throughout your recovery
- Testimony from medical specialists explaining how victims with your injuries suffer
- Testimony from mental health professionals who treated you
- Statements from family members and friends about how your injuries have impacted your life
- Entries you make in a pain and suffering journal detailing your struggle to recover from your accident
Details are especially important when building a case for pain and suffering damages. Keeping detailed records of how your injuries have changed your life is essential. The more details you can provide, the stronger the case your attorney can build.
How Do You Calculate the Value of Pain and Suffering Damages?
There are several ways to determine how much a pain and suffering claim is worth. Because there is no statutory or standard formula for calculating pain and suffering, courts often use one of two methods:
Pier Diem Method
Under the per diem method, a daily dollar amount will be assigned to represent your pain and suffering. The daily amount is multiplied by the number of days between your injury and your recovery. Generally, your recovery date is when your doctor releases you from care. The result is an estimate of your pain and suffering damages.
Multiplier Method
Under the multiplier method, a number between one and five is assigned, with five representing the highest level of pain and suffering. The number is multiplied by the amount of your economic damages. The result is the value of your pain and suffering damages.
Some insurance companies use computer software to determine how much to offer for pain and suffering damages. You can also find pain and suffering calculators online that claim to calculate pain and suffering.
However, neither of these methods is entirely accurate. They do not consider many factors that impact the level of pain and suffering a person experiences after an injury or accident.
How Do We Determine a Per Diem or Multiplier for Pain and Suffering?
Choosing a number to represent pain and suffering is challenging. Putting a price on a person’s suffering is impossible. However, the only remedy the courts can offer is a monetary amount.
Therefore, we will analyze the factors in your case to determine the value of the per diem or multiplier. Factors used include, but are not limited to:
- The type of injuries you sustained in the accident
- The severity of disabilities and permanent impairments
- The level of disfigurement and scarring
- Whether you can resume ordinary daily activities and work
- The total of your economic damages
- The duration of your recovery and the medical treatments required for your injuries
- How your injuries impact your relationships with family members and friends
Generally, catastrophic injuries and permanent impairments increase the value of the per diem and multiplier. However, other factors could reduce the value of pain and suffering damages.
For example, if you are partially to blame for causing your injuries, your damages award could be reduced under contributory fault laws. If your case goes to trial and the jury finds you contributed to the cause of your injuries, your damages will be reduced by your percentage of fault. If your fault is 51% or higher, you will receive nothing for damages.
A thorough analysis of all factors in your case is required to determine how much your case is worth. Other factors could impact how much you receive for pain and suffering, including the parties involved in your case, the type of personal injury case, and the availability of insurance coverage.
What Is the Statute of Limitations for Pain and Suffering Claims in Texas?
Pain and suffering damages are included in your personal injury claim. Therefore, the statute of limitations is the deadline for filing a personal injury lawsuit.
Most personal injury cases have a two-year deadline for filing lawsuits. If you do not file a lawsuit before the two years have ended, you could lose the right to pursue a claim. Courts can dismiss lawsuits filed after the statute of limitations even though someone may have a valid legal claim.
Learn More About Damages in a Personal Injury Case
The party who caused your pain and suffering should be held responsible for your damages. Recovering a fair settlement can be challenging. Contact Bush Personal Injury and Car Accident Lawyers LLC for a free consultation with a Dallas personal injury lawyer to discuss your rights and legal options for seeking compensation for a personal injury claim.
Contact the Dallas Personal Injury Law Firm of Bush Personal Injury and Car Accident Lawyers LLC Today For Help
For more information, please contact the Dallas personal injury law firm of Bush Personal Injury and Car Accident Lawyers to schedule a free consultation today.
Our office is conveniently located in Dallas, near the Dallas Downtown Historic District. We serve statewide throughout Texas.
Bush Personal Injury and Car Accident Lawyers LLC
701 Commerce Street, Suite 703
Dallas, TX 75202
(214) 615-6394