In most personal injury cases, plaintiffs seek compensation for expenses they incur along with pain and suffering. Out-of-pocket expenses, such as drugs and medical bills, are quite easy to document using simple evidence such as providing receipts. On the other hand, pain and suffering is quite difficult to prove and quantify, as there’s no tangible evidence.
Pain and suffering refers to the victim’s physical and emotional suffering resulting from an injury accident. The different types of pain and suffering claims in Texas include:
The Northwestern University School of Law has published a report on how to calculate pain and suffering in Texas. However, it is almost impossible to place a value on intangible damages as no amount of money can compensate victims for trauma, psychological damages, or permanent disabilities. In Texas, a court of law tries to compensate personal injury victims through the basic multiplier or the per diem method.
This is the most common method of compensating pain and suffering victims. The jury first calculates the total amount of economic or special damages the victims suffer. This is determined by calculating the specific amount for such expenses as lost wages, medical bills, and property modifications. The jury then chooses a number between one and five and multiplies it with the total amount of special damages.
The number the jury selects depends on the severity or extent of the pain and suffering, with one being the lowest and five the highest. For example, a slip and fall that results in a bone fracture which heals perfectly may only qualify for a 1.5 compensation. On the other hand, a car accident that results in traumatic brain injury may qualify for a 5 on the compensation scale. Following these examples and with special damages amounting to $150,000, the person who suffers the fracture’s pain and suffering compensation would amount to $225,000 while the brain injury victim would be awarded $750,000.
Per Diem is a Latin phrase that means ‘per day’. This method is more suitable for calculating damages emanating from temporary injuries. In this method, the jury calculates the number of days the victim underwent pain and suffering and multiplies them with a daily rate.
For example, if the slip and fall victim went through pain and suffering for 25 days, and the jury assigns a value of $150 per day, the victim will receive $3750. The jury assigns the per diem value by evaluating the victim’s missed hours at work or their daily lost wages.
The factors that the jury looks at when determining your pain and suffering claim include:
Texas law permits the recovery of damages for physical pain and suffering, both past and future. Recovery for physical pain and suffering in the past can be established through the testimony of the plaintiff who may describe his symptoms and show his injury to the jury. As such, if you have undergone pain and suffering as a result of someone else’s negligence, you are entitled to compensation from the liable party. It is important that you document any evidence that will help your case. Documents that will prove your pain and suffering claim include:
Calculating and negotiating your pain and suffering claim is a daunting task. Legal claims for pain and suffering is typically denied in the majority of cases, unless the injuries are severe and the treatment you receive is significant (e.g., a surgery). At Thompson Law, we have handled hundreds of injury claims for pain and suffering, and we have the expertise necessary to ensure that the court comes to a reasonable and fair settlement. Call us today or contact us online for a free case evaluation.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.