If you suffered injuries in an accident that another person caused, you have a right to seek compensation for your damages.
Personal injury victims often feel overwhelmed. In addition to recovering from injuries, they also face mounting medical expenses, lost work, and damaged property.
However, not all accidents result in only financial losses. Most people involved in accidents also experience varying levels of pain and suffering.
Pain and suffering damages often represent a substantial portion of a personal injury settlement and should never be overlooked.
Contact a qualified personal injury attorney at Zimmerman Law Firm to discuss your payout options.
What Is Pain and Suffering?
Pain and suffering refer to the physical discomfort and emotional distress that a person experiences as a result of an injury caused by an accident or wrongful act.
In personal injury cases, these damages go beyond just the financial burden of medical bills and lost wages—they account for the more intangible consequences of an accident, such as ongoing physical pain, emotional trauma, anxiety, depression, and loss of enjoyment in daily activities.
Pain and Suffering Settlement Ranges and Examples
Pain and suffering settlements can vary widely based on the severity of injuries. For example, minor injuries with temporary pain may result in settlements between $1,000 and $10,000. More serious cases, involving chronic pain or long-term disabilities, can lead to settlements of $100,000 or more.
Consider a case involving a car accident victim with $20,000 in economic damages due to medical expenses and lost wages. If the attorney uses the multiplier method and applies a multiplier of 3, the pain and suffering settlement could amount to $60,000, bringing the total settlement to $80,000.
In Texas, pain and suffering are often calculated using the multiplier method, where economic damages (e.g., medical bills) are multiplied by 1.5 to 5. Alternatively, the per diem method assigns a daily value to each day of suffering. Every case is unique, so working with an attorney can help ensure you receive the maximum compensation possible.
What Kind of Damages Can I Recover?
In Texas, recoverable compensation in personal injury cases is broken down into economic and non-economic damages.
Economic Damages
Economic damages represent those calculable financial losses related to your injury. These include the following:
- Medical expenses;
- Lost wages;
- Future lost wages; and
- Property damage.
Your personal injury attorney uses invoices, receipts, pay stubs, and other tangible evidence to identify and calculate economic damages.
Non-Economic Damages
Non-economic damages represent subjective losses, including physical, psychological, emotional, and relational damages, and include the following:
- Pain and suffering;
- Emotional distress;
- Loss of consortium or relationship;
- Disfigurement;
- Permanent injuries; and
- Loss of enjoyment.
Victims suffering from substantial non-economic losses, such as pain and suffering, often receive a larger payout.
Pain and suffering refers to any emotional or physical anguish you experience due to your accident and resultant injuries.
What Is a Pain and Suffering Settlement Breakdown?
The facts of each case vary greatly. Therefore, one should not always rely on pain and suffering settlement examples as they may not apply to their particular case.
To determine pain and suffering damages, your personal injury attorney may implement one of two methods for calculations.
The Multiplier Method
The value of non-economic damages can be calculated using the multiplier method.
This method requires the attorney to multiply the injured victim’s economic damages by a certain number.
This is called a multiplier and is usually a number between one and five. The higher the multiplier, the more severe the injured victim’s pain and suffering damages.
A personal injury attorney may utilize the multiplier method in settlement discussions.
In Texas, pain and suffering settlements are often calculated using a multiplier method. For instance, if your economic damages (like medical bills) are $10,000 and the court applies a multiplier of 2, your pain and suffering compensation would be $20,000. This brings your total settlement to $30,000.
For example, an injured victim’s attorney may argue for the highest value multiplier, while the liable party’s attorney may argue for a lower number.
During negotiations, the parties negotiate to determine a valid multiplier and reach an agreed-upon personal injury settlement amount.
The Per Diem Method
The per diem method determines a value for suitable daily compensation.
This value is then multiplied by the number of days needed for the injured victim to recover from their injuries.
In some cases, victims may never fully recover. In these situations, the time value is the number of days it took for the victim to reach “maximum medical improvement.”
In specific pain and suffering settlement examples, it may be advantageous to use the multiplier method versus the per diem method—and vice versa.
After reviewing your case, your attorney understands which method may provide the highest personal injury settlement value.
Pain and Suffering FAQs
How Do I Prove Pain and Suffering?
To prove pain and suffering in a personal injury claim, start by documenting your injuries with thorough medical records that detail treatments and ongoing issues.
Maintain a pain journal to track daily experiences, noting how your injuries affect your life and emotional well-being.
Gather supporting evidence, including photographs of injuries and any relevant correspondence with healthcare providers.
Collect witness statements from family, friends, or coworkers who can attest to the impact of your injuries.
Expert testimony from medical professionals can further validate your claims.
Lastly, consult a qualified personal injury attorney to help organize your evidence and effectively navigate negotiations with insurance companies.
Together, these steps can strengthen your case for pain and suffering compensation.
What Evidence Is Needed to Support My Pain and Suffering Claim?
To successfully prove your pain and suffering, you’ll need to gather various forms of evidence, such as medical records, photographs of injuries, bills from healthcare providers, and any documentation of lost wages.
Additionally, maintaining a pain journal that details your daily experiences and emotional impact can be crucial. Testimonies from family members and friends who have witnessed your struggles can also strengthen your case.
How Long Do I Have to File a Pain and Suffering Claim in Texas?
In Texas, the statute of limitations for personal injury claims, including pain and suffering, is generally two years from the date of the accident.
It’s essential to file your claim within this time frame to ensure your right to seek compensation is preserved. However, exceptions may apply, so consulting with an experienced injury attorney can provide clarity based on your specific situation.
Contact a Texas Personal Injury Lawyer for a 100% Free Consultation
The attorneys at The Zimmerman Law Firm, P.C., assist all types of personal injury victims in Waco, Texas, and surrounding communities.
Whatever your circumstances, our experienced team of personal injury lawyers fights to recover compensation for your physical, emotional, and financial damages.
We negotiate skillfully to obtain advantageous settlements for our clients but fully prepare to take a case to trial if necessary.
We offer free, no-cost consultations and never collect any fees unless we recover compensation on your behalf.
Contact our office online today or call (254) 752-9688.
Where to find our Waco office
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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