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Does Texas Allow Injury Victims to Sue for Pain and Suffering?

Posted on behalf of Anderson Cummings on Dec 14, 2020 in Auto Accidents

pain and suffering lawsuitA car accident may leave you or a loved one with serious, sometimes permanent, injuries. As a result of those injuries, you may suffer emotional distress and be left wondering what your legal options are.

The car accident lawyers in Fort Worth may be able to help you through the process of filing a claim for compensation. Whether you are about to file a claim, or it has already been denied, we may be able to assist you. There are no upfront fees or obligations.

Why File a Pain and Suffering Lawsuit?

Although insurance companies may offer a settlement that includes pain and suffering damages, sometimes they are reluctant to do so. They may say your injury is not severe enough or you do not have enough proof of your pain and suffering. That is why it can be very important to have a trusted lawyer to help you out.

At Anderson Cummings, our experienced attorneys are aggressive and will not settle for a lowball offer from the insurance company. If the injuries you suffered may have a negative effect on your future health, we are prepared to file a claim to fight for the compensation you need.

Proving Pain and Suffering in Texas

Damages for pain and suffering typically fall under two categories:

  • Physical pain that causes suffering due to the long-term or permanent nature of the injury
  • Mental or emotional suffering caused by the injury

However, Texas does not count mental anguish as part of pain and suffering. Mental anguish is a separate category. This can make it more difficult to recover compensation for all the emotional effects of your injury.

Some permanent injuries, such as spinal cord injuries, amputations or brain injuries can be proven by medical documents such as X-rays, MRIs, CT scans and other physical evidence. It may be easier to establish the psychological/emotional effects of these injuries because you can provide this type of evidence.

While state law does not explain how to prove mental anguish from an injury, case law in Texas does provide some guidance. For instance, case law says mental anguish damages could be considered for the following:

  • Grief
  • Despair
  • Public humiliation
  • Shame
  • Wounded pride
  • Severe disappointment

If you are suffering mental anguish due to an injury caused by someone else’s negligence, you should call our offices today to discuss your legal options for collecting pain and suffering and/or mental anguish damages.

How is Pain and Suffering Valued?

In Texas, pain and suffering are often calculated using a multiplier – the total value of economic damages is multiplied by another number to determine the value of pain and suffering. The multiplier can range from one to five and corresponds to the severity of the injury.

For example, a sprained wrist may heal relatively quickly, so it would only be assigned a multiplier of one. However, a more serious injury such as a spinal cord injury that caused paralysis may be assigned a five.

Say you broke your leg in a car accident and the cost to treat the injury was $10,000. If the injury was assigned a multiplier of three, you may be eligible for $30,000.

Keep in mind that this model is not an exact science and is more of a guideline. There are circumstances in a case that may sway a jury to increase or decrease the value of pain and suffering damages.

At the end of the day, negotiating with the insurance company for a fair settlement is generally the first step in a personal injury case. If that fails, a lawsuit may be the next option.

Call a Licensed Attorney Today

If you or a loved one have been injured in an accident and the insurance company is not offering the pain and suffering compensation you believe you deserve, call our offices to schedule a free consultation today.

Our attorneys are prepared to take on the insurance company on your behalf and fight for the compensation you deserve. We do not charge you anything up front and only get paid when you do.

Local. Licensed. Lawyers. Call today: (817) 920-9000