How is Pain and Suffering Calculated in Texas?

If you have been injured in an accident that another person caused, you may have the right to seek compensation. 

Personal injury victims often face many types of financial difficulties. These challenges include skyrocketing medical bills, lost income, and damaged property. Victims deserve financial recovery to cover the costs that result from their accidents or injuries.
 
However, not every type of damage results in a direct monetary loss. For instance, victims may experience significant pain and suffering after an accident.
 
If you or someone you love has been injured in Texas, contact a skilled personal injury lawyer at Morgan & Morgan. With over 700 trial-ready attorneys, we will fight hard to secure the compensation that you are owed.
 
Do not settle for less than the best. Reach out to America’s largest personal injury law firm. Rather than relying on a pain and suffering calculator in Texas, contact us.
 
Morgan & Morgan provides no-cost case evaluations to discuss the facts of your case. Fill out the easy-to-use contact form on our website to schedule your free consultation today. 

Economic and Non-Economic Damages 

When a negligent person causes harm to a victim, the liable party should be held financially accountable. The term “damages” is used to describe monetary payments from the responsible party to the victim of an accident. 
 
In most Texas personal injury cases, there are two primary categories of damages, which are “economic” and “non-economic” damages. 

Economic Damages

This type of compensation is intended to make an injury victim financially whole. Because of this, economic damages only cover direct monetary losses that the victim has suffered. 
 
Economic damages are not intended to provide a profit to injured individuals. They are only meant to return the person to the financial state that they were in before they became injured.
 
Typical examples of economic damages include:

  • Medical expenses and bills
  • Costs for repairing or replacing damaged property
  • Anticipated future medical care
  • Lost income from missed work
  • And more

Most injury victims only think about the economic damages from their accident. However, a skilled personal injury attorney will work to secure all applicable types of compensation for you.

Non-Economic Damages

Not every negative consequence from a personal injury or accident results in a direct monetary loss. Some losses are emotional, physical, psychological, or relational.
 
Payments that are intended to compensate for these intangible losses are known as “non-economic” damages. Suppose that you sustained an injury that resulted in ongoing back pain.
 
Your injury may result in your inability to pick up your small child. It might prevent you from going on long walks with your spouse. While these losses are not monetary, they represent enormous losses for personal injury victims.
 
The value of these types of harm is difficult to calculate. That is why some victims hope to find a pain and suffering calculator in Texas. 
 
Read on to learn more about the most common type of non-economic damages in personal injury cases:  pain and suffering. 

What Is Pain and Suffering?

There are many types of costs and losses for victims of personal injuries. Even those losses that do not come with a price tag are very real and challenging. 
 
Victims deserve compensation for both economic and non-economic damages. Pain and suffering are some of the most common categories of non-economic damages in personal injury cases.
 
Fortunately, the courts in Texas recognize these intangible losses. As a result, Texas courts allow victims to seek financial recovery for their pain and suffering.
 
But what types of losses fall into the category of pain and suffering? To accurately use a pain and suffering calculator in Texas, it is important to understand this class of damages.
 
Most types of emotional, mental, psychological, or physical damage can qualify as pain and suffering. 

Some common examples include:

  • Physical pain, aches, and discomfort
  • Long-term disability, disfigurement, or scarring
  • Permanent loss of bodily functions
  • Emotional anguish, mental distress, and grief
  • Mental trauma
  • Post-traumatic stress disorder (PTSD)
  • Anxiety, stress, and depression
  • Embarrassment and humiliation
  • Loss of enjoyment of life
  • Inability to engage in recreational activities
  • Loss of relationship or consortium

Some injury victims use an online pain and suffering calculator in Texas to try to determine the value of their case. It is more reliable to speak with a skilled personal injury attorney to evaluate your accident claim.
 
Typically, victims who suffer from catastrophic injuries and accidents are awarded higher amounts of compensation. This is true whether a case is settled or decided by a jury. 
 
There are some exceptions to this. It is crucial to have a legal professional examine the facts of your case to secure an accurate estimate.
 
Usually, juries place higher value on accidents in which injury victims can provide evidence of severe pain, disability, and major changes to their daily lives.
 
Victims are legally permitted to file a claim for only pain and suffering damages. But it is much more common to seek pain and suffering recovery in conjunction with a broader claim for economic damages from your accident. 
 
You can search for an online pain and suffering calculator in Texas. Still, a knowledgeable legal professional will give you the most accurate assessment of your claim.  

Methods Used for a Pain and Suffering Calculator in Texas 

There is no single method for determining the value of pain and suffering in a personal injury case. Many cases are settled before they go to trial. 
 
In these instances, the claimant’s attorney and the opposing party will negotiate over the value of the settlement. If a case goes to court, the jury may decide the value of the case in any way that they see fit.
 
Still, many lawyers and insurance providers use one of two common methods to determine the value of non-economic damages, including pain and suffering. 
 
Also, courts and juries have the option of using these methods to calculate the value of injury cases. 

The Multiplier Method

One common way to determine the value of pain and suffering in an injury claim is to use a “multiplier.” When using this method, the value of economic damages is multiplied by a certain number. This number is called the “multiplier.” 
 
The multiplier is usually between 1.5 and 5, depending on the severity of the accident or injuries. Consider the following example. 
 
Suppose that you sustained an injury with economic damages totaling $10,000. If the jury in your case decides that the appropriate multiplier is 3, you would receive $40,000 in total compensation.
 
In this example, the pain and suffering damages would be worth $10,000 multiplied by 3. The $30,000 of non-economic damages are then added to the economic damages of $10,000, making the total financial value of the claim $40,000.
 
In many cases, the multiplier number is decided during settlement negotiations. The claimant’s lawyer will argue for the highest multiplier possible, while the opposing side will fight for a lower number to reduce their required payments.

The Per Diem Method

The other common method for determining pain and suffering damages involves deciding on an amount of appropriate compensation per day. In other words, the jury or negotiating parties determine an appropriate daily value of the injury.
 
Next, they multiply that amount by the number of days that the victim was in recovery. If full recovery is impossible, the claimant will receive compensation for the time it took them to reach “maximum medical improvement.” 
 
Suppose that you sustained a back injury and needed an entire year–365 days–to fully recover. If the jury determined that the appropriate per diem amount is $100, you would recover $36,500 for the pain and suffering that you endured.
 
This amount would be added to any economic damages that you were owed. In many cases, the jury or negotiating parties will set the per diem rate at the victim’s normal daily wage.
 
Each of these pain and suffering calculation methods has advantages. Usually, short-term injuries are determined using the per diem method. 
 
Long-term and chronic injuries are often calculated with the multiplier method. However, both methods rely on a wide range of variables.
 
To recover maximum financial compensation, contact a skilled personal injury lawyer in Texas. You should not face the losses from your pain and suffering alone. An accomplished legal professional will fight to recover every dime that is rightfully yours. 

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