• Oct 15, 2019|
  • Posted by: Michael Francis|
  • Read Time: 2 minutes
Pain and Suffering

Getting hurt in a car crash, a slip and fall accident, or another type of accident caused by someone else’s negligence or wrongdoing can be devastating. 

Many accident victims sustain serious physical injuries, such as traumatic brain injuries (TBIs), spinal cord injuries (SCIs), broken bones or fractures, and even amputations. With debilitating injuries, many accident victims require surgery and are unable to work for at least a short period of time. 

Accordingly, many plaintiffs seek damages to cover the costs of their medical bills and lost wages. At the same time, however, those losses are not the only ones experienced by most accident victims. To be sure, many people experience more subjective losses, like pain and suffering or the loss of enjoyment of life.

For many accident victims, seeking damages not only means getting repayment for financial losses, but also compensation for pain and suffering. If you are considering filing a claim, you may have been searching for terms like “pain and suffering Texas.” 

Our dedicated personal injury team wants to provide you with more information about calculating pain and suffering in Texas.

What is Pain and Suffering in Texas?

To understand how you might begin calculating pain and suffering damages in Texas, it is important to be clear about what this kind of damage award entails. 

If you have heard that you should seek compensation for pain and suffering, or if you know other people who have obtained damages for pain and suffering, it is important to understand what this term means in Texas. 

Under Texas law (Tex. Civ. Prac. & Rem. Code § 41.001), pain and suffering is one type of noneconomic damages.

The statute defines economic damages as compensatory damages meant to compensate a claimant for actual economic loss, such as medical bills or lost wages.

Differently, noneconomic damages are defined as damages awarded to compensate a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, or disfigurement, among others.

How Do I Calculate Pain and Suffering in Texas?

There is no simple way to calculate damages for pain and suffering in Texas since every case is unique. 

Given that noneconomic damages are subjective, it is impossible to say that specific injury produces a certain amount of pain and suffering. A person’s pain and suffering can vary depending upon the physical severity of the injury, as well as the emotional, psychological, and social effects of the injury. 

In addition, a person’s underlying conditions can impact his or her pain and suffering. Accordingly, you should always seek advice from an experienced Texas injury attorney. They can assess your unique case and help you understand the compensation award you may be able to receive.

At the same time, it is important to know that some noneconomic damages awards, including pain and suffering, are capped by Texas law. 

For example, Texas law caps noneconomic damages awards in medical negligence claims.

Contact a Personal Injury Attorney in Texas

If you need assistance with a personal injury claim for pain and suffering damages, a Texas personal injury lawyer can help. Contact the Francis Firm today to get started on your lawsuit.

We offer free case evaluations.

Author Photo

Michael Francis

Michael Francis is the founding partner of the Francis Firm and Flynn, Francis & Clark, LLP and has spent more than twenty-five years litigating personal injury and commercial litigation cases throughout the state of Texas and across the country.

Michael focuses his legal practice on personal injury and business litigation cases, with a particular emphasis on trucking, motor vehicle and complex commercial litigation matters. Michael has more than twenty-five years of experience litigating cases throughout the State of Texas, against many of the largest corporations and insurance companies. He has secured verdicts and settlements for clients in excess of $20,000,000.