Pain and suffering damages compensate for the effects of your accident that aren’t as easily quantifiable as medical expenses and lost wages. One of the most common ways of generating a monetary value is multiplying your economic damages by a number representing the severity of your pain and suffering.
How much pain and suffering is worth in a car accident in Texas depends heavily on the circumstances. Short-term pain will normally result in lower compensation, but cases with severe injuries, long-lasting pain, and emotional trauma may result in hundreds of thousands to millions of dollars.
If you were hurt in an accident, partner with our experienced Texas car accident lawyers. We have the skills and expertise to evaluate your damages and fight for every penny you deserve. Call (469) 813-7332 or contact us online to schedule a free consultation.
How Is Pain and Suffering Calculated in Texas?
There are two primary methods to determine how much pain and suffering is worth in a car accident in Texas. The multiplier method involves calculating and multiplying your total economic damages by a number between 1.5 and 5. The “multiplier” represents the severity of your pain and suffering.
For example, a moderate amount of pain and emotional trauma impairing your daily activities may result in a multiplier of 3. If your economic damages are $80,000, your pain and suffering damages would amount to $240,000 ($80,000 x 3).
Another approach is the “per diem ” method, which sets a daily rate representing the severity of your injuries and multiplies it by the number of days you experienced pain and suffering. For example, if the rate is $300 a day for 90 days, your pain and suffering damages would be $27,000 ($300 x 90).
Factors That Can Affect Pain and Suffering Damages
Many factors can influence pain and suffering compensation amounts, including:
- Medical treatment – This includes both treatments you have received and will need in the future.
- The severity of your injuries – For instance, a spinal cord injury resulting in full-body paralysis may result in higher damages than a clean bone fracture.
- Your age – The judgment of juries is often unfairly skewed, and they may associate age with perceived pain and suffering.
- Quality of life impact – This measures how your injuries affect your ability to carry out your usual daily activities and enjoy life.
- Level of disability – For example, a temporary inability to walk versus full, permanent paralysis.
The amount of fault you hold for your accident also affects your damages. Texas is a modified comparative negligence state, meaning you can collect damages if you are less responsible for your accident than the defendant.
Your percentage of fault reduces the amount of your recovery. For example, if you have $1 million in damages but are 30 percent responsible, you can collect $700,000.
What Constitutes Pain and Suffering?
Determining pain and suffering in a car accident is specific to each case. One victim’s pain and suffering might be limited to physical discomfort, while another’s may involve emotional distress. Most victims experience a combination of factors contributing to their overall pain and suffering.
For example, consider a passenger and a driver in a rollover car accident. One may sustain minor injuries, such as cuts, bruises, and short-term emotional pain. In contrast, the other could experience PTSD and require an extended hospital stay and life-long intervention to control pain.
How To Prove Pain and Suffering
Pain and suffering are subjective and harder to quantify than economic damages like medical bills. Insurance companies and at-fault parties often use this ambiguity to minimize the full impact of your accident. Evidence of the following factors can help you and your attorney demonstrate your pain and suffering:
- The impact on your quality of life.
- The mental health challenges you face.
- Your degree of pain on a scale of 1-10.
- Lost wages and lowered earning capacity.
- Medical expenses related to pain management and rehabilitation.
At Shamieh Law, we treat our clients like family. We have a long history of client testimonials praising our communication skills, unwavering commitment to service, and a strong record of securing high-value compensation. We call our philosophy “Winning With Awareness,” which we strive toward daily.
Is Pain and Suffering Compensation Taxable in Texas?
Personal injury settlements are largely tax-exempt at the federal and state level. However, exceptions may apply. For example, according to the IRS, your pain and suffering damages are taxable income if not tied to a physical injury or sickness. You may also owe federal taxes on your compensation if you deducted injury-related expenses in a previous year and received a tax benefit.
How Do I Recover Pain and Suffering Damages After a Car Accident in Texas?
There are several things you can do to bolster your claim for pain and suffering in Texas, including:
- Take pictures or videos of the scene to document what you experienced.
- Collecting witness information so your attorney can fight claims that you were at fault.
- Noting the road and weather conditions along with your version of events leading up to the accident.
- Keeping your medical records, reduced pay stubs, and documentation of missed work.
- Starting a journal detailing the effects of your injuries, such as pain levels and the impact on your daily life.
- Recognizing that symptoms from an accident may not manifest immediately and knowing when to worry about pain.
- Seeking mental health support in addition to medical care as needed.
Choose an experienced attorney who can accurately calculate personal injury damages. Our top-tier legal team can skillfully negotiate with insurance companies for you and advise if their settlement offers will fully cover your damages. If going to court becomes necessary, we will ensure that your lawsuit is filed before the Texas personal injury statute of limitations so you don’t lose your right to legal compensation.
Contact the Experienced Attorneys at Shamieh Law To Help With Your Pain and Suffering Claim
Because of their subjective nature, pain and suffering damages are not always easy to calculate. Don’t worry. Our skilled attorneys know how to calculate pain and suffering in a car accident. We will thoroughly evaluate your case and gather all available evidence.
We have offices in Dallas and Austin and are here to help you with your accident case. For a free case review with our experienced Texas personal injury lawyers, call (469) 813-7332 or contact us online. We are here to help you get the maximum recovery for your auto accident injuries.
