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(281) 587-1111
(281) 587-1111
January 12, 2023 by Greg Baumgartner
If you were hurt because of another’s negligence. Pain and suffering are the most important damage elements in personal injury cases in Texas. Obtaining fair compensation for this human damage is critical for a fair settlement.
Texas law allows financial compensation to accident victims who prove their entitlement to these non-economic damages.
Whether you were injured in a car accident, slipped and fell at a grocery store, or were severely injured in a crash with the big rig, pain and suffering are a big part of a personal injury lawsuit.
To improve your odds of getting full compensation for human damages like pain & suffering, talk with a top-rated Houston pain and suffering lawyer who can work to prove your damages for pain and suffering.
Pain and suffering in Texas are, in effect, the pain that you feel and the mental stress or anguish caused by your injuries. In Texas, juries in court are often asked to evaluate physical pain and mental anguish damages in the past and future.
The amount of pain and suffering is subjective and unique to each case. Unlike medical bills that can be added up easily, human damages are much more difficult to show to the jury and calculate a fair number.
It would be best if you got an experienced attorney obtaining fair compensation for their clients. The value of pain is difficult to calculate even for the best personal injury attorneys.
Pain can vary greatly depending on the nature of the injury and how long the recovery period is. Often, accident victims treat the pain with medication either over the counter or prescription.
In some cases, the injuries are such that the pain is chronic and may last a lifetime. Pain and suffering calculated in Texas personal injury cases require the expertise of a top injury lawyer.
Some common injuries from accidents that cause pain and suffering include:
Reach out to a pain and suffering lawyer to learn about holding responsible negligent parties for damages relating to your injuries. For instance, if you had a ruptured disc, it would be valued greater than a whiplash injury for the same car accident.
Mental anguish associated with an injury can be extremely debilitating. Mental anguish is the emotional pain or emotional distress one experiences after an accident—generally, emotional anguish damages are sought on a jury charge together with physical pain.
Post-traumatic stress disorder is a mental anguish condition mainly seen with a severe injury claim. Suffering damages are some of the toughest to value for an insurance company.
Some examples of emotional suffering can include:
You can search the internet for a pain and suffering calculator for damages in Texas, but there is no set formula. Top-rated personal injury lawyers use years of experience analyzing liability factors, damage evidence, and even insurance issues to determine an acceptable range of settlement for a personal injury case.
Other types of noneconomic damages in Texas can include the following:
Each non-economic damage in Texas is submitted for consideration by a jury if the case is not settled before a trial. As a rule, there must be some evidence of each element submitted for the jury to consider that part of the damages. Punitive damages are also known as exemplary damages and are awarded as a punishment rather than compensation.
Each personal injury case is unique because it involves the individual parties and the facts of the accident and injuries. Nevertheless, certain factors can impact pain and suffering damages in a personal injury lawsuit.
Factors that top-rated personal injury attorneys use to evaluate damages, including pain and suffering, can include:
Any of the above-listed factors can impact the reasonable value of pain and suffering in Texas. It is best to consult a pain and suffering attorney if you have questions about the types of damages or the value of your damages in a personal injury lawsuit.
While many insurance carriers use a multiplier method, many cases do not fit within the multiplier model and must be determined by a jury in Texas courts.
Attorneys will value pain and suffering by relying on their experience and what jurors believe is reasonable.
Adjusters can take advantage of those who seek a quick settlement. Personal injury cases often take longer than many expect them to last.
Factors that top-rated personal injury attorneys use to evaluate damages, including pain and suffering, can include liability circumstances such as drunk driving and whether the plaintiff was partly at fault for the accident. These factors are crucial in determining the reasonable value of pain and suffering in Texas. In a personal injury lawsuit, it is essential to consult a pain and suffering attorney if you have any questions regarding the types of damages or the value of your damages.
In Texas, the impact of liability on pain and suffering damages is governed by comparative fault laws. According to these laws, a victim may not be able to recover compensation for damages if their percentage of liability exceeds 50 percent. This means that if you are found to be more than 50 percent at fault for the accident, you may not be eligible for compensation for pain and suffering damages.
However, if your percentage of fault is less than 50 percent, you still have the opportunity to seek compensation for damages, including pain and suffering. It is important to note that in such cases, the compensation awarded will be reduced by your percentage of fault. For instance, if a jury determines you are 30 percent at fault for the accident, the total damages you are entitled to will be reduced by 30 percent.
It is crucial to seek the guidance of a personal injury lawyer promptly if the insurance company or the opposing party alleges that you bear some responsibility for the accident or your injuries. Failing to do so may result in losing your right to pursue an injury claim or substantial compensation.
In Houston, many insurance companies use a basic multiplier method to determine pain and suffering from an accident claim. The multiplier method takes your economic damages, totals those, and then adds a multiplier between 1.5 and five to create a pain and suffering settlement offer.
Economic damages, including medical bills and lost wages, are added to the base economic damages starting point. The multiplier method then calculates pain and suffering.
Generally, the less serious the injury, the lower the multiplier scale. Conversely, the more severe the injury, the higher the scale. However, there are many personal injury cases in Houston where the injuries are so severe that the multiplier method will not be in the ballpark of the fair value for the injuries.
Minor injuries may get settled on a multiplier method, yet severe injuries, especially those with low medical bills, would not result in a good settlement.
An example would be you were rear-ended in a car accident that involved no fault on your part. You went to the emergency room yet required no follow-up treatment or minimum follow-up medical care. In this case, an insurance adjuster may attribute a 1.5 factor.
If, however, you were in the same car accident and required extensive medical care and surgery for a herniated disc in your neck or lower back. In that case, the multiplier would be on the high end, and a personal injury attorney may seek a much greater amount than that multiplier provided for your case.
Calculating pain and suffering damages with a personal injury claim to determine the value of a settlement is not as simple as the multiplier method seems. Ultimately, a judge or jury may need to decide what is fair compensation for your injury claim.
Alternative methods are utilized to determine the value of a pain and suffering claim. One such approach is the per diem method, although it tends to be more applicable in cases that do not involve severe injuries or permanent disabilities.
The per diem method involves assigning a daily value to quantify the extent of pain and suffering. Similar to the multiplier method, the factors used to calculate the multiplier are also considered when determining the per diem value. This daily value is multiplied by the number of days the victim spent recovering from the injuries sustained in the incident.
To illustrate, imagine you were involved in a car accident, and your doctor released you from treatment after 120 days. Fortunately, you did not suffer any permanent impairments. For your claim, it has been agreed upon that the per diem value is $200.
By employing the per diem method, your pain and suffering damages would amount to $24,000 (120 days x $200 per day). It is important to note that, like the multiplier method, the per diem approach is subjective and involves making assumptions about the average person’s suffering based on the case’s specifics.
However, most insurance companies do not use this method in personal injury cases.
The best way to maximize your damages in a personal injury case in Texas is to hire the best attorney near you to handle your case. You should also seek medical care promptly and follow your doctor’s recommendation. When an adjuster looks at your pain and suffering damages, gaps in medical care will be considered.
Toughing it out or delaying going to a doctor will only hurt your case. Often, a car accident victim will go to the emergency room and find out whether nothing is broken. They are given prescriptions for pain and muscle-related injuries and told to follow up with a medical doctor.
However, they mistakenly believed that the fact that they were not kept overnight at the hospital meant they would be OK without further medical care. Much later, they found out that the condition was much more serious than they were led to believe at the emergency room.
Often, personal injury lawyers see a situation where more sophisticated tests were not done at the emergency room, and it was only later that the extent of the injuries was revealed. When an insurance company calculates pain and suffering in Texas, it will consider the timing and duration of your medical care.
Keep a diary or a log of your treatment and pain and suffering. Doing so is particularly helpful for injuries that last many months or longer.
Texas personal injury cases are sometimes settled based on the multiplier method. However, physical pain and suffering calculated in Texas personal injury cases include many other considerations.
As set forth above, many factors can impact the value of a personal injury case, including pain and suffering. Multiplier methods commonly relied on by insurance companies only sometimes give a fair assessment of the value of a case. Hiring a Texas personal injury lawyer can help you fight for maximum compensation for your injuries.
The length of the recovery period and severity of the injuries must all be considered in any personal injury claim.
Also, if you are hit by a drunk driver or an 18-wheeler hits you, the liability factors can impact the calculation of pain and suffering.
Texas has no cap on pain and suffering damages for personal injury cases. The exception is medical malpractice claims, with strict caps on non-economic damages like pain and suffering.
Pain and suffering, like all injury damages in Texas, must be proven. The most common methods for proving pain and suffering include:
Friends or family members may testify about what they saw and how the plaintiff suffered. Witness testimony can be powerful evidence in an accident lawsuit.
Photographs and videos can be admissible and often compellingly tell the story. Day in the Life video will require authentic testimony and is often used with catastrophic injury cases.
Doctors are often asked to testify in an injury lawsuit as an expert to tell the jury about the injuries and their opinion of the cause. Part of the testimony can include observations and opinions about the painfulness of the injury and the recovery process.
Where injuries are permanent or future medical bills are factors, life care planners may also testify to prove future medical needs.
The plaintiff’s testimony at a trial can be used as evidence of the pain and anguish they went through because of the accident. This evidence is most effective when backed up by doctors and other witnesses.
If you agree to settle your case with an insurance company, the case is over, and the claims can’t be revived. They call it a “settlement” for a reason. The case is put to bed forever.
One mistake some make is agreeing to settle their case within days or weeks of the accident while still undergoing or needing medical care.
Sometimes, the adjuster will “estimate” the medical bills and give an amount for pain and suffering. This approach is a mistake for the injured person as it “shifts the risk” from the insurance company to the victim. This, of course, is why the adjuster seeks to settle your case in that manner.
In Texas, courts have held that a recording of an oral acceptance of an offer of settlement is binding.
You have made a mistake if you negotiate a settlement for injuries before knowing exactly how bad it is, how long it will take, and the recovery cost.
Many agree to a value for economic damages, including medical bills, before they know what it will cost. Likewise, pain and suffering calculated before you know how long it will take to recover can make you the loser.
Hospital liens are claims to proceeds of settlements in personal injury cases. If a hospital lien is filed for the care given to an accident victim, the insurance company for the at-fault party will be obligated to pay the lien out of the settlement amount.
Likewise, if health insurance companies or Medicare or Medicaid paid for medical treatment claimed in an injury case, they expect to be paid back for those payments.
If you have not considered those liens of claims before settling, you will be disappointed in your net proceeds. If unsure of the approach, take advantage of a free consultation from a top-rated personal injury attorney near you.
If you have been injured in an accident in Houston, TX, and need help, contact our Houston personal injury lawyers at Baumgartner Law Firm for a free consultation by calling (281) 587-1111.
6711 Cypress Creek Pkwy
Houston, TX 77069
(281) 587-1111
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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