How is Pain and Suffering Calculated in Texas?

When individuals experience injuries due to the negligence or intentional actions of others, they are not only burdened with physical pain but also endure emotional distress, affecting their overall quality of life. In Texas, calculating damages for pain and suffering in personal injury cases involves a nuanced process that considers various factors.

Methods for Calculating Pain and Suffering Damages

Insurance companies and our Waco personal injury attorneys often use two methods to calculate pain and suffering damages:

Multiplier Method

This is the more commonly used procedure. First, the economic damages are totaled, which can include past and future costs of medical treatment, lost wages, lost earning capacity, and property damage. That amount is then multiplied by a number typically between 1.5 and 5. The more severe the injury, the higher the multiplier.

Per Diem Approach

This method assigns a dollar amount to each day the victim suffers from the injury until they recover, oftentimes the person’s daily wages.

Factors in Calculating Pain and Suffering Damages

Various subjective factors must be considered when calculating pain and suffering. Those can include:

Long-Term Effects

Permanent or long-term injuries typically result in higher pain and suffering awards. Courts consider the lasting impact on the individual’s life, including their ability to work, enjoy activities, and maintain relationships.

Medical Expenses

Higher medical expenses often indicate more severe injuries, contributing to increased pain and suffering damages. Courts may use medical costs as a gauge for the extent of physical and emotional distress.

Loss of Enjoyment

Courts consider how the injuries have affected the plaintiff’s ability to enjoy life. Loss of enjoyment of activities, hobbies, or relationships can contribute to pain and suffering calculations.

Duration of Recovery

Prolonged recovery periods often lead to higher pain and suffering awards. The duration of physical and emotional hardship is factored into the calculations.

Impact on Daily Life

If the injuries disrupt the plaintiff’s daily life, limit their mobility, or require significant adjustments, it can be considered in pain and suffering calculations.

Texas does not prescribe a specific formula for pain and suffering calculations. Therefore, juries have significant discretion in determining these damages based on the evidence presented.

Presenting a Compelling Case

While there is no fixed formula, presenting a compelling case with strong supporting evidence is crucial to obtaining the pain and suffering damages you deserve. That can be done with:

Expert Testimony

Expert testimony from medical professionals can help establish the extent of physical pain and emotional distress. Psychologists or psychiatrists may provide insights into the psychological impact.

Documenting Emotional Distress

Keeping a diary or journal documenting your emotional distress provides tangible evidence of the ongoing psychological impact.

Witness Testimonies

Testimony from family and friends who have observed your struggles can lend credibility to your pain and suffering claim.

We Will Get You the Outcome You Deserve

With our extensive experience and resources, we can help you calculate your pain and suffering damages and gather evidence to prove the extent of your harm. Contact us for a free case evaluation to discuss your options today by calling (713) 225-0500 or messaging us online.