After sustaining an injury in an accident, the medical bills will pile-up and you will likely need to take some time off from work to recover, resulting in lost wages. However, these are not the only costs associated with an injury. Victims often suffer both emotional and physical pain. In Texas, injury victims can obtain compensation for these types of non-economic damages. However, unlike medical bills or lost wages, it is substantially less easy to put a price tag on pain and suffering. In this blog, we will review how the state of Texas calculates pain and suffering for San Antonio accident victims.
Pain and suffering covers both physical pain and mental anguish. For example, if you broke your leg in a motor vehicle accident, you would undoubtedly feel physical pain. Additionally, if you are a runner and were in the process of training for a marathon, your injury would prevent you from partaking in it, which would also cause you emotional distress. You might even become depressed. Mental pain and suffering also include anxiety, anger, loss of enjoyment of life, shock, anger, and trauma. In severe cases, an accident victim might suffer from post-traumatic stress disorder (PTSD) and require extensive therapy to cope with the aftermath.
When evaluating pain and suffering, a judge or jury will look at several factors to determine its value.
Some of the factors you can expect to be considered during your case include:
Pain and suffering can be calculated in a number of ways. In Texas, the multiplier method is typically used to determine its value. To apply the multiplier method, your economic damages, such as medical bills and lost wages, will be added up and multiplied by a number between 1.5 and 5, depending on the severity of your injury.
In Texas, there is no limit to the amount of pain and suffering damages you can recover in a personal injury claim. However, if your injuries were caused by medical malpractice, pain and suffering damages would be capped at $250,000, regardless if the multiplier method suggests it should be worth more.
At The Aguirre Law Firm, PLLC, our San Antonio injury lawyers understand how painful and disruptive injuries can be, which is why our personal injury team is dedicated to fighting on behalf of the wrongfully injured. If you were injured in an accident caused by negligence, you can rely on our experienced team to provide the skilled legal assistance you deserve.
Contact us today at (210) 922-0808 to schedule a free case evaluation.
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