If you have been hurt in an accident caused by someone else, you probably expect to be compensated for medical bills or lost wages. But injuries often take a toll far beyond the financial hit. Maybe you can’t sleep because of the pain. Maybe you’ve lost interest in hobbies you once loved. Maybe everyday tasks now feel overwhelming.
In Texas personal injury law, these more difficult-to-measure losses are called “pain and suffering.” While not as straightforward as adding up receipts, they are a crucial part of your claim.
What Pain and Suffering Really Means
Pain and suffering are a form of non-economic damages. That means they cover the personal impact of an injury, things you can’t put a clear price tag on.
This can include:
- Physical pain and ongoing discomfort
- Emotional distress, anxiety, or depression
- Loss of enjoyment in activities or hobbies
- Changes in relationships with friends or family
It’s also important to remember that everyone’s experience is different. A broken leg may be a temporary setback for one person, but life-changing for someone who runs marathons or works a physically demanding job.
How It’s Calculated in Texas
Texas doesn’t use a single set formula to calculate pain and suffering. Instead, two common approaches are often used as guidelines:
- Per diem method: A fixed daily dollar amount is assigned to your pain and then multiplied by the number of days you experience it.
- Multiplier method: Your economic damages, such as medical bills, are multiplied by a factor (typically between 1.5 and 5) depending on the severity and duration of the injuries.
However, neither method is guaranteed. The outcome depends on the strength of your evidence, the way your story is told, and sometimes even the mindset of the jury.
What Affects the Value of Your Claim
Several factors can make a big difference, including:
- The severity of your injury
- How long recovery takes
- How much it disrupts your life
- Medical records, photos, or expert testimony
- Statements from people who see the changes in you every day
The bigger the impact on your daily life, the more weight your claim can carry.
How To Prove Pain and Suffering
Because these damages are subjective, it’s important to make them real for the insurance company or jury. Some ways to do that include:
- Keeping a journal about your pain and limitations
- Noting changes in sleep, mood, or daily activity
- Getting evaluations from mental health professionals
- Gathering before-and-after photos or videos
- Asking family, friends, or coworkers to share what they’ve seen
Specific, relatable details can turn an abstract claim into a compelling case.
How Can Having a Lawyer Help
Insurance companies often downplay pain and suffering because it’s harder to put a number on it. Without a lawyer, you could end up with far less than you deserve. An experienced attorney can:
- Build strong evidence of your losses
- Negotiate effectively with insurers
- Present your case in a way that resonates with a jury if it goes to trial
At Parks Law PLLC, we know how disruptive an injury can be: physically, emotionally, and mentally. We fight to make sure your full experience is reflected in your compensation.
Contact Us Today
Pain and suffering damages exist because your life after an injury is more than just a stack of bills. In Texas, what you recover depends on your unique circumstances, your proof, and your legal strategy. If you’ve been injured, get help early. The sooner you have an advocate, the stronger your case will be.
Contact Parks Law PLLC today to find out how we can help you tell your story and seek the recovery you deserve.