What Types of Pain and Suffering Are Covered? How Does a Jury Assign a Value to Pain and Suffering?
Most people have heard of the concept of damages for pain and suffering in a Texas personal injury lawsuit, but few people understand exactly what they are and how they are calculated. Some types of pain can effectively be treated and are typically easy to calculate, but other types of pain are what are commonly referred to as “non-economic” damages, which, though readily apparent, can often be difficult to quantify. Let’s take a look at the different types of pain and suffering that may entitle you to compensation, as well as the ways that Texas juries commonly assign a value to your pain and suffering.
What Is Pain and Suffering and What Does It Cover in Texas?
In 2023 alone, more than 25 million people across the United States sought treatment for accidental injuries, at a projected cost of more than $1.2 billion. Those injuries led to more than 400,000 personal injury lawsuits, virtually all of which included some claim for pain and suffering.
The pain and suffering experienced by accident victims is typically categorized as either acute or chronic. Often, acute pain will be short-lived and can be eased or completely alleviated with medical treatment or with medication. With chronic pain, though, the treatment typically reduces the pain to a manageable level, but does not completely eliminate it.
Pain and suffering can also be differentiated as either physical pain or mental/emotional pain. Physical pain tends to be more tangible and easier to calculate.
How Do the Courts Calculate Pain and Suffering?
For physical pain that can be remedied by medical treatment, the damages are calculated by the cost of medical care or medication. It’s important to understand, though, that any medical expenses that are covered by insurance will not be recoverable in a personal injury claim.
For those types of pain and suffering that cannot be completely eradicated, the courts tend to take a few different approaches:
- Many courts use a “multiplier” approach, determining the amount of economic or tangible damages and then multiplying that amount by a “factor,” typically between 1 and 5, based on the nature of the injuries defendant’s behavior. For example, if the total lost wages and unreimbursed medical expenses (economic damages) are $1 million, the court may apply a factor of 2 for pain and suffering, assessing those damages at $2 million.
- Some courts will ask the jury to assess a “reasonable” amount for pain and suffering
How Do Courts in Texas Calculate Pain and Suffering after a Personal Injury?
For physical pain that can be remedied by medical treatment, the damages are calculated by the cost of medical care or medication. It’s important to understand, though, that any medical expenses that are covered by insurance will not be recoverable in a personal injury claim.
For those types of pain and suffering that cannot be completely eradicated, the courts tend to take a few different approaches:
- Many courts use a “multiplier” approach, determining the amount of economic or tangible damages and then multiplying that amount by a “factor,” typically between 1 and 5, based on the nature of the injuries defendant’s behavior. For example, if the total lost wages and unreimbursed medical expenses (economic damages) are $1 million, the court may apply a factor of 2 for pain and suffering, assessing those damages at $2 million.
- Some courts will ask the jury to assess a “reasonable” amount for pain and suffering
Let Us Help Protect Your Rights after Any Type of Accident in Texas
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people experiencing any level of pain and suffering because of the wrongful or negligence actions of another person. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
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