When you have been in an accident that left you with injuries, Texas law allows you to pursue compensation. This compensation has to take into consideration different factors, such as the future implications of your injury. Another aspect the compensation covers is the non-economic aspect, which includes your pain and suffering.
Under Texas personal injury law, you can pursue compensation for pain and suffering, but it is not that simple. Therefore, read through this guide for everything you need to know about pursuing compensation for pain and suffering after an accident in Texas.
First, What Is Pain and Suffering In a Texas Personal Injury Case?
When it comes to personal injury cases, pain and suffering refer to the emotional turmoil caused by the accident. “Where financial losses deal with the loss of wages and healthcare costs, pain and suffering deal with tangible consequences like anxiety,” says Attorney Felix Gonzalez of the Felix Gonzalez Accident and Injury Law Firm. Therefore, if you are suffering mental anguish or a decrease in quality of life, you may be eligible for this award.
Although it is not quantifiable like other injuries, such as treatments and loss of wages, it can be calculated. That is why working with a Texas personal injury attorney is essential; they can get a financial professional for you. Moreover, recognizing the mental issues you suffered from the accident is crucial to ensuring you get your due compensation.
Calculating Compensation For Pain and Suffering: How Complex Is It?
The process of calculating compensation for pain and suffering in a personal injury case is incredibly complex. That is probably because this type of damage is very personal and subjective, particularly for those involved in the case. However, courts have their way of determining the value of this compensation award, which typically includes two methods.
- The per diem method: the court will assign a daily monetary value to whatever pain and suffering you endured, and multiply it by the number of days you have endured this hardship.
- The multiplier method: The court will multiply your economic damages (that is, medical expenses and the like) by any number between one and five. The number the court uses in this multiplication process depends on how severe your injury is and its impact on your life.
Whether the court uses the per diem approach or the multiplier method, the goal is the same: to quantify non-economic damages. However, the particular approach the court chooses in your case will depend on the nuances of the case such as the evidence presented.
What Factors Influence How Much Compensation You Get For Pain and Suffering?
How much compensation you get for your pain and suffering in a personal injury case in Texas depends on several factors. The key factor is the severity of the injury you sustained; the more severe the injury, the higher the amount.
Another factor that influences the pay is the recovery time; typically, longer recovery time means higher compensation. Moreover, the effect of your injury on your routine, such as your inability to work, will factor into the calculation process.
Your attorney’s role
Another factor that can influence how much payout you receive is your legal counsel; having legal representation can make a huge difference. However, you need to get a Texas lawyer who understands the ins and outs of the state’s legal system. With their help collecting evidence, talking to insurers, and fighting for a deal, you have a better chance at a higher settlement.
Women are wrapping hands on men sitting on wheelchair patients with bandages.
Conclusion: The Importance of Meeting Deadlines
The Statutes of Limitation also apply to pain and suffering compensation claims in Texas. That means you must act quickly to claim your compensation, and time is of the essence. Not only can the Statute of Limitation pass, but the integrity of your evidence could also be compromised..
Therefore, be sure to speak with a lawyer as soon as possible to get the help you need to submit the claim. In summary, understanding how to calculate compensation is pivotal to getting a fair amount as a settlement in your case.
Written by Marc Cousineau (marc.cousineau@maintainxsolutions.com)
