How Pain and Suffering is Determined in Car Accident Case

2019-10-11T10:32:15+00:00September 30th, 2019|

If you’ve suffered injuries after a car accident, you may feel overwhelmed and terrified. Along with the doctor’s visits, and medical bills, you may be unable to work or perform simple tasks as you did before. The pain may be debilitating and affect your quality of life, or your ability to simply live life as you did before the accident.

If you were injured in a car accident, you may be able to receive compensation for your injuries, including pain and suffering.

What is Pain and Suffering?

While no amount of money can truly compensate someone for their pain, courts will oftentimes reimburse victims of negligence in a car accident through damages called pain and suffering.

“Pain and suffering” refers to the monetary value of the suffering from either physical pain, emotional or mental distress, or any other type of trauma that was sustained after a car accident.

Types of pain and suffering can include temporary or permanent limitations due to a physical impairment, disfigurement, mental or emotional anguish, loss of services or loss of consortium.

Calculating Damages for Pain and Suffering

The State of Texas allows for two types of damages in a case stemming from a car accident. These damages are known as “special damages” and “general damages.” Special damages are clear and quantifiable costs such as medical bills or lost wages. General damages are costs that are more intangible and relate to something that was lost, which makes them more challenging to calculate.

While there is no exact way to calculate something that is so unquantifiable, the State of Texas attempts to do so through something called a multiplier. The severity of a victim’s injuries will determine the amount of compensation they will receive with respect to their pain and suffering. The injuries are given a number between 1 and 5 (5 is the most severe), and then the amount of tangible special damages is multiplied by that multiplier.

For example, if someone had $1,000 in medical bills and lost wages and their multiplier was a 2, they would receive $2,000 in general damages for pain and suffering. While not a perfect system, or perfect solution, this multiplier attempts to provide a framework for victims to receive compensation for intangible injuries suffered due to the negligence of another.

Statute of Limitations for Pain and Suffering Damages in Texas

Texas law states that a victim only has two years following the date of a car accident to initiate a claim for any type of damages. Failing to submit a claim to the court before that time will result in your case being dismissed without ever being heard in court. It is important to ensure that you submit your lawsuit in a timely manner to be awarded compensation for your pain and suffering in Texas.

An Experienced Car Accident Lawyer by Your Side

If you were the victim of a car accident and suffered injuries, including pain and suffering, it is important to consult an experienced car accident lawyer today. The Lowenberg Law Firm can help you determine the best course of action to help you recover compensation for your pain and suffering.

Contact our legal team at 832-761-9082 or online today for a free consultation regarding your case.