Why is an Accurate Calculation of Pain and Suffering Damages Essential to a Personal Injury Case?

If you or a loved one have been injured in an accident, you know the aftereffects of the incident can extend far beyond financial losses. It may take months or years before an accident survivor can return to their pre-accident state. Sadly, for some who experience catastrophic or traumatizing injuries, a full recovery may be out of reach. Because an accident can encompass so much more than monetary damages, it’s important to understand how other intangible losses are determined and how they can affect your settlement award.

Pain and suffering are crucial components of personal injury settlements in Texas, representing the non-economic damages an injured party experiences from an accident or injury. As opposed to economic damages such as lost wages and medical expenses, pain and suffering encompasses the physical discomfort, emotional distress, and overall diminished quality of life an individual endures due to their injuries. It’s critical to carefully account for these losses to ensure you receive full compensation for what you have experienced and the difficulties you may continue to face in the future.

How Can Pain and Suffering Be Calculated?

Texas has no standardized formula or calculator for determining pain and suffering damages. Instead, the value is typically negotiated between the parties involved or decided by a jury if the case goes to trial. However, several methods are commonly utilized to estimate these damages, which can serve as a starting point for negotiations or to provide context for a jury’s decision.

There are two primary methods used to calculate pain and suffering:

  • Multiplier method: This calculation involves taking the total economic damages (medical expenses, lost wages, etc.) and multiplying them by a factor typically ranging from 1.5 to 5, depending on the severity of the injuries and how they impact the victim’s life. For example, if a plaintiff has $50,000 in economic damages and a multiplier of three is applied, the pain and suffering damages would be $150,000.
  • Per diem method: The per diem method assigns a daily dollar amount to the plaintiff’s pain and suffering. This amount is then multiplied by the number of days the plaintiff is expected to experience that distress. For instance, if a daily rate of $200 is assigned and the plaintiff is expected to suffer for 365 days, the pain and suffering damages would amount to $73,000.

What Information May Influence the Determination of a Pain and Suffering Payout?

The subjective nature of pain and suffering means no exact formula exists that will fit every case. However, the following factors can guide negotiations and jury decisions for determining fair and appropriate compensation:

  • Severity and nature of the injury: More severe or catastrophic injuries that cause intense physical pain or long-term disability typically result in higher pain and suffering damages
  • Duration of recovery: The time needed to heal is a major factor in calculations, and extended recovery periods and permanent injuries typically justify higher compensation amounts
  • Impact on quality of life: How the injury affects the victim’s ability to work, enjoy hobbies, exercise, and socialize is considered. Injuries that substantially interfere with daily activities tend to increase pain and suffering settlements
  • Emotional and psychological effects: The presence of documented emotional distress, depression, PTSD, anxiety, and other mental health impacts can affect payouts
  • Age and prior health of the victim: Younger and previously healthy individuals may receive higher compensation, especially if the injury causes a dramatic change in health status
  • Medical expenses and economic damages: These amounts often serve as a starting point for calculating pain and suffering using methods like the multiplier approach

Is There a Cap on the Pain and Suffering Damages a Montgomery County Plaintiff Can Seek?

Texas has implemented certain limitations on non-economic damages in specific types of cases. For medical malpractice cases, Texas Civil Practice and Remedies Code ยง 74.301 caps non-economic damages at $250,000 per claimant for a single healthcare provider or institution and a maximum of $500,000 for all healthcare institutions involved in a case. However, for most personal injury cases not involving medical malpractice, there are no statutory caps on pain and suffering damages in Texas.

How Can an Injured Individual Bolster a Pain and Suffering Claim?

Plaintiffs can take several steps to document and demonstrate the impact of their injuries, which can support their claims of pain and suffering. Keeping a detailed journal that records daily pain levels, limitations on activities, and emotional struggles can provide valuable evidence. Additionally, obtaining statements from friends, family, or coworkers who can attest to the changes in the plaintiff’s life and abilities can be persuasive. Medical records, including diagnoses, treatment plans, and notes from healthcare providers about the patient’s pain and functional limitations, are also crucial in establishing the extent of pain and suffering.

Consulting with a trusted personal injury attorney early in the claims process can benefit your case in many ways. Your attorney can ensure you keep organized records of your injuries, treatments, and their effects on your physical and mental health. A lawyer can also guide you in avoiding common pitfalls that could reduce your compensation, such as providing inconsistent testimony or making inadvertent social media posts that could be used to contradict claims of pain and suffering.

How Can an Experienced Attorney Help You Calculate the Value of Your Pain and Suffering Damages?

While determining pain and suffering damages in Texas personal injury cases can be a complex process, it remains a critical aspect of ensuring that injured parties receive fair compensation for the full extent of their losses. By understanding the calculation methods, documenting the impact of your injuries thoroughly, and working with an experienced attorney, you can increase your chances of receiving a settlement that truly reflects the pain and suffering you have endured.

As each case is unique, the specific amount awarded will depend on your circumstances, the strength of the evidence presented, and the effectiveness of your legal representation. Our compassionate team at Morgan Bourque Attorney at Law can play a vital role in helping you reach the best possible outcome for your claim. Contact our office today at 713-766-3733 to schedule an in-depth evaluation of your case.