In Texas, personal injury damages fall into two categories: economic damages, which cover quantifiable financial losses like medical treatment, lost wages, and property repairs, and non-economic damages, which address the human toll of an injury. Also known as pain and suffering, this category of compensation focuses on the hardships you have experienced due to the at-fault party’s negligence. An experienced McAllen personal injury lawyer can help evaluate the full value of your claim and pursue the maximum compensation available under Texas law.
What Qualifies as Pain and Suffering in a Personal Injury Claim?
Pain and suffering damages cover a range of intangible losses tied to your injury. They typically involve the physical discomfort, emotional trauma, and loss of enjoyment you have endured.
Physical Pain and Impairments
You can recover compensation for the physical discomfort you’ve experienced since the incident and any pain you are expected to endure going forward. Chronic conditions, ongoing limitations, and permanent disabilities all factor into this category, covering everything from persistent back pain to the loss of mobility in a limb.
Emotional Distress and Mental Anguish
Anxiety, depression, post-traumatic stress, sleep disturbances, and the psychological strain of coping with a serious injury are all compensable under Texas law. A serious injury can cause emotional distress due to the fear, helplessness, and shock that often accompany a traumatic event.
Loss of Enjoyment of Life
If your injury prevents you from participating in hobbies, sports, family activities, or other pursuits that once brought you joy, you may be entitled to damages for that diminished quality of life.
How Are Pain and Suffering Damages Calculated?
Two approaches are commonly used to assign a dollar value to non-economic damages.
The multiplier method takes your total economic damages and multiplies them by a number—typically between 1.5 and 5—based on the severity of your injury, the length of your recovery, and the long-term impact on your life. For instance, if your economic damages total $80,000 and a multiplier of 3 is applied, your pain and suffering damages would amount to $240,000.
The per diem method, by contrast, assigns a daily dollar rate to your suffering and multiplies it by the number of days you have been affected. If a daily rate of $200 is assigned and your recovery spans 300 days, your pain and suffering damages would total $60,000.
What Evidence Can Be Used to Prove Pain and Suffering?
Because pain and suffering damages aren’t reflected in bills or pay stubs, building a strong case requires documentation that paints a clear picture of how the injury has affected you. Your esteemed personal injury attorney in McAllen will work to gather and present evidence such as:
- Medical records detailing diagnoses, treatments, and prognoses
- Personal journals tracking daily pain levels and limitations
- Statements from family members, friends, and coworkers
- Expert testimony from physicians, therapists, or mental health professionals
- Employment records reflecting missed work or reduced capacity
Find Out What Your Texas Injury Claim May Be Worth
You deserve fair compensation for the pain and suffering you have endured, but putting an accurate number on your suffering takes legal insight and careful documentation. The trusted McAllen personal injury attorney at De La Garza Law Firm will listen to your story and pursue every dollar you are owed. If you’re ready to get started, call our office or complete our online contact form to schedule your free consultation.
