Things to Know About Pain and Suffering Damages After a Car Accident
If you are successful in negotiating a car accident settlement, the damages included will allow you to recover your medical expenses, lost wages, and other quantifiable losses. A settlement will also include damages for your pain, suffering, mental anguish, and loss of enjoyment of life, which are intangible losses, but still ones that qualify as compensable under Texas law.
People often wonder how pain and suffering damages are calculated, and how much they can expect to receive in a settlement. Our San Antonio auto accident lawyer explains in detail below.
What are Damages for Pain and Suffering?
In Texas, pain and suffering is a type of non-economic damages meant to compensate injured individuals for the intangible, subjective impact of their injuries. There are several types of harm included in this category of damages and they include:
- Physical pain: The actual aches and bodily discomfort you have experienced, including pain immediately after the crash, ongoing pain during recovery, and chronic pain you will face in the future.
- Emotional distress: This is the psychological impact of the injury, which may include anxiety, depression, insomnia, fear, and trauma.
- Loss of enjoyment of life: This compensation is meant to make up for your inability to participate in hobbies and daily tasks you once enjoyed or the inability to enjoy them as much as you did before the crash.
- Disfigurement: If your injuries caused permanent changes to your appearance or physical abilities, such as amputations, permanent scarring, or limitations on your mobility, you can include those losses in your pain and suffering.
In Texas car accident cases, there is no limit on pain and suffering damages.
How are Pain and Suffering Damages Calculated?
There are two main methods for calculating pain and suffering damages. They are as follows:
- The multiplier method: This is the most common calculation used when determining the amount of pain and suffering. A number between 1.5 and 5 is assigned to your pain and suffering. Higher numbers represent injuries that are more severe. This number is then multiplied by your total economic damages, such as your medical expenses and lost wages.
- The per diem method: This method assigns a dollar value to the amount of pain and suffering you experience after the accident. This value is then multiplied by the number of days your injury will impact your life.
Factors That Impact Pain and Suffering Damages
There are a number of factors that affect the amount of pain and suffering damages you may receive. They include:
- The severity and permanence of your injuries
- How the injuries are impacting your daily life
- Whether you contributed to the crash
- The amount of evidence you can present proving your pain and suffering
Our Auto Accident Lawyer in San Antonio Can Accurately Value Your Claim
Truthfully, there is no way to determine the amount of pain and suffering damages you may receive without fully evaluating the facts of your case. At the Law Office of Israel Garcia, our San Antonio auto accident lawyer can accurately value your entire claim to obtain the fairest settlement possible. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation and to learn more about how we can help. There is no charge whatsoever unless and until we obtain a settlement or recovery for you.
Source:
statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.41&artSec=
