When you’re injured in a car crash, the physical pain is only part of the story. The emotional and mental toll that follows can affect every aspect of your life, from work to family to your own sense of security. In Texas, victims have the right to pursue compensation for these losses, but understanding how pain and suffering are evaluated can make all the difference in your case.
What Counts as Pain and Suffering?
Pain and suffering include both the physical injuries caused by the crash and the emotional trauma that comes with it. Physical pain may involve broken bones, nerve damage, back or neck injuries, or ongoing complications that disrupt daily life. Emotional suffering is often less visible, but no less real. Many Texans experience anxiety, depression, sleep issues, or PTSD after a serious crash, and these conditions can persist long after the physical wounds fade.
These damages are meant to capture how the accident has affected your life, not simply the cost of your medical treatment, but the way your injuries change the way you work, move, socialize, and live.
How Pain and Suffering Are Evaluated in Texas
Medical Evidence and Documentation
Thorough medical documentation is essential. Detailed records help show what you endured and what your long-term recovery looks like. In many cases, expert testimony from doctors, therapists, or specialists helps clarify the full extent of your injuries and their impact on your future.
Personal Testimony
What you and your loved ones say also matters. Your daily struggles, the activities you can no longer enjoy, and the changes others have witnessed in your behavior or physical abilities help paint a fuller picture. These personal accounts often carry significant weight in demonstrating the true scope of your suffering.
Factors That Influence Settlement Values
Severity and Longevity of Injuries
More severe or long-lasting injuries typically lead to higher settlement values. For example, a traumatic brain injury, significant spinal damage, or injuries that require long-term rehabilitation often result in greater compensation because they affect your life indefinitely. Short-term injuries, even if painful, generally result in lower awards.
Both visible injuries, such as scarring or fractures, and invisible injuries, like psychological trauma, can influence your settlement. Invisible injuries may require more documentation, but they are just as important under Texas law.
Impact on Your Ability to Work
Your injuries may limit your ability to return to your previous job, reduce your earning capacity, or keep you out of work entirely. Lost wages, diminished future earnings, and the costs of ongoing rehabilitation all affect the settlement amount. These economic consequences are closely connected to pain and suffering, as they reflect the profound impact of the injuries on your life.
Texas-Specific Laws That Affect Compensation
Texas places caps on non-economic damages in specific types of cases, particularly medical malpractice, although car accident claims are not subject to the same limitations. Still, understanding the Texas legal landscape is essential, as local statutes, recent case outcomes, and insurance company practices all play a role in shaping your settlement.
An experienced Texas attorney who routinely handles car accident claims can help ensure your damages are fully documented and properly valued under state law.
How Pain and Suffering Damages Are Calculated
Two common methods are used in Texas:
Multiplier Method: Your economic damages—like medical bills—are multiplied by a number based on the severity of your injuries.
Per Diem Method: A daily dollar amount is assigned for each day you experience pain and suffering.
Insurance companies often push for lower valuations, which is why having strong evidence and experienced legal representation is crucial from the outset.
Clearing Up Common Misconceptions
Many people believe a quick settlement means a good settlement. In reality, rushing the process often leaves victims undercompensated, especially if symptoms worsen or complications develop. Others think they must go to trial to receive a fair payout. While some cases do go before a judge or jury, many reach a strong settlement through strategic negotiation and mediation.
If you’ve been injured in a Texas car accident, you don’t have to navigate the process alone. Hilliard Law is here to help you understand your rights, protect your interests, and fight for the full compensation you deserve. Contact us to discover how our team can support your recovery.