How Much Can You Sue for Pain and Suffering in Personal Injury Cases in Texas?

November 16, 2023 by Greg Baumgartner

If you have been injured in an accident in Texas, you may be wondering how much you can sue for in a personal injury lawsuit. The answer is not simple, as many factors can affect the compensation you may receive. This article will explore the damages that can be awarded in a personal injury lawsuit in Texas and how they are calculated. An experienced personal injury lawyer in Houston can provide invaluable assistance in navigating these complexities and ensuring you receive the compensation you deserve.

When you are injured in an accident, you may require medical treatment. However, if you do not have health insurance or the means to pay for your medical bills, a letter of protection can ensure you receive the necessary treatment. With their expertise, they can help you pursue the compensation you deserve, covering medical expenses, lost wages, and more. Don’t fight this challenging time alone—contact a trusted personal injury lawyer in Houston today.

Understanding Personal Injury Claims

Personal injury claims are legal actions taken by individuals who have suffered physical and emotional harm due to another person’s negligence or wrongful actions. These claims can arise from various incidents, including car accidents, slip and fall accidents, medical malpractice, and defective products. When filing a personal injury claim, the injured party, known as the plaintiff, seeks compensation for their losses. This compensation can cover various damages, such as medical expenses, lost wages, and pain and suffering. By pursuing a personal injury claim, victims aim to hold the responsible party accountable and secure the financial support needed to recover from their injuries.

Types of Damages in a Personal Injury Lawsuit Including Pain and Suffering Damages

Economic Damages

Economic damages, or special damages, are the tangible financial losses a person incurs due to injury. These damages are meant to compensate the injured party for any out-of-pocket expenses they have incurred or will incur. Economic damages can include:

• Medical expenses: This includes the cost of any medical treatment related to the injury, such as hospital bills, doctor’s visits, medication, and physical therapy.
• Lost wages: If the injury has caused the victim to miss work, they may be entitled to compensation for the wages they would have earned during that time.
• Loss of earning capacity: If the injury has resulted in a permanent disability that affects the victim’s ability to work, they may be entitled to compensation for the loss of future earning capacity. This is also called lost wages.
• Property damage: If the accident damages the victim’s property, such as their car, they may be entitled to compensation for the cost of repairs or replacement.

Non-Economic Damages

Non-economic or general damages are the intangible losses a person experiences due to an injury. These damages are meant to compensate the victim for their physical and emotional pain and suffering. Non-economic damages can include:

• Pain and suffering: This includes physical pain and discomfort caused by the injury, as well as emotional distress such as anxiety, depression, and loss of enjoyment of life.
• Mental anguish: If the injury has caused the victim to experience mental anguish, such as PTSD or insomnia, they may be entitled to compensation for this as well.
• Loss of consortium: If the injury has affected the victim’s relationship with their spouse, they may be entitled to compensation for the loss of companionship and support.

A pain and suffering claim is crucial in securing compensation for these non-economic damages, as it addresses the victim’s physical and emotional distress.

Punitive Damages

In rare cases, a court may award punitive damages in a personal injury lawsuit. These damages punish the defendant for reckless or intentional actions. They also deter others from engaging in similar behavior. In Texas, punitive damages are limited to the greater of $200,000 or two times the amount of economic damages. An equal amount of non-economic damages can be added, up to a maximum of $750,000. Our punitive damage lawyer has been winning punitive damage cases for decades.

How Are Damages Calculated in a Personal Injury Lawsuit Including Medical Expenses?

The amount of damages awarded in a personal injury lawsuit is determined by a jury or a judge, depending on the type of trial. In Texas, if the case goes to trial, a jury will determine the damages to be awarded. However, if both parties agree, a judge can decide the case.

Economic Damages

Calculating economic damages is relatively straightforward. They are based on the victim’s actual expenses. The victim’s attorney will gather all relevant documentation, such as medical bills and pay stubs, to determine the total economic damages.

Non-Economic Damages

Non-economic damages are more difficult to calculate as they are not based on actual expenses. Instead, they are based on the injury’s severity and its impact on the victim’s life. The victim’s attorney may use a multiplier method to determine the amount of non-economic damages. Here, the economic damages are multiplied by a certain number (usually between 1.5 and 5) to account for the intangible losses.

At Baumgartner Law Firm, we do not use a multiplier method. Instead, we use our 40 years of experience to gauge all the factors to determine a reasonable settlement amount. The severity of injuries can significantly impact the settlement of pain and suffering, making it essential to consult an attorney to evaluate and negotiate appropriate compensation for these damages.

Punitive Damages

Punitive damages are not awarded in every personal injury case. When they are, the jury or judge determines the amount based on the defendant’s conduct and the severity of the injury. The purpose of punitive damages is to punish the defendant. Therefore, the amount awarded may be higher in cases where the defendant’s actions were particularly egregious. An example of when punitive damages are sought would be a drunk driver hitting another car.

Factors That Can Affect the Amount of Compensation Including Lost Wages

Several factors can affect the compensation awarded in a personal injury lawsuit in Texas. These include:

• The severity of the injury: Generally, the more severe the physical injuries, the higher the compensation awarded.
• The victim’s age: Younger victims may receive higher compensation for non-economic damages, as they have more years of life to be impacted by the injury.
• The victim’s occupation: If the victim has a physically demanding job, they may receive higher compensation for lost wages and loss of earning capacity.
• The defendant’s conduct: If the defendant’s actions were particularly reckless or intentional, the amount of punitive damages awarded may be higher.
• The victim’s comparative fault: If the victim is found to be partially at fault for the accident, their compensation may be reduced by the percentage of fault assigned to them.
• The type of claim can impact compensation.

Personal Injury Lawsuit Compensation in Texas Varies

Generally, there is no limit to the amount of compensation one can seek in Texas. However, there are some exceptions.

Personal Injury Compensation is Limited in Texas in Some Cases

Punitive damage claims, cases against governmental entities, and medical malpractice cases all have imposed limits in Texas.

Factors Impacting Compensation: The Role of an Experienced Personal Injury Lawyer

In Texas, the compensation awarded in a personal injury lawsuit can vary based on several factors. These factors include the severity of the injury, the victim’s age and occupation, the defendant’s conduct, and the victim’s comparative fault.

Generally, the more severe the injury, the higher the compensation awarded. Younger victims may receive higher compensation for non-economic damages due to the longer impact on their lives. Victims with physically demanding jobs may receive higher compensation for lost wages and loss of earning capacity.

If the defendant’s actions were particularly reckless or intentional, the amount of punitive damages awarded may be higher. Additionally, if the victim is found to be partially at fault for the accident, their injury settlement compensation may be reduced based on the percentage of fault assigned to them. Gathering substantial evidence to support a suffering claim is crucial in proving non-economic damages like chronic pain and emotional distress.

How Long Do You Have to File a Personal Injury Lawsuit in Texas?

In Texas, the statute of limitations for personal injury lawsuits is two years from the date of the injury. You have two years from the accident date to file a lawsuit. If you fail to file within this time frame, you may lose your right to seek compensation. Some exceptions can impact the deadlines for a claim. Contact a personal injury lawyer near you for answers to your case.

Conclusion

The compensation in a personal injury lawsuit in Texas depends on many factors, including the type and severity of your injury, age and occupation, and the defendant’s conduct. Working with an experienced personal injury attorney who can help you understand your rights and fight for the compensation you deserve is important. If you have been injured in an accident, don’t wait – contact a personal injury attorney today to discuss your case.

Please note that the information provided is based on general guidelines. It is always recommended to consult with a legal professional for specific advice regarding personal injury lawsuits in Texas.

If you have any other questions, feel free to ask!

Contact Baumgartner Law Firm for Questions About Personal Injury Claims in Texas.

Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
 
6711 Cypress Creek Pkwy 
Houston, TX, 77069

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