
How to Calculate Pain and Suffering Damages After a Serious Accident
When serious car accidents occur, the injured parties often seek compensation for more than just medical bills and lost wages. Pain and suffering damages aim to compensate for the physical and emotional distress caused by the accident.
In Houston, Texas, calculating these damages can be complicated, as there’s no fixed formula. An experienced law firm, like The Ardoin Law Firm P.C. can help you. I’ll explain the legal challenges and methodologies for determining pain and suffering damages in Texas.
What Are Pain and Suffering Damages?
Pain and suffering damages fall under the category of non-economic damages, which compensate for losses that aren’t easily quantifiable in monetary terms. These damages typically include:
Physical pain: Chronic pain, discomfort, or physical limitations resulting from the injury.
Emotional distress: Anxiety, depression, or trauma caused by car accidents or their aftermath.
Loss of enjoyment of life: Reduced ability to participate in activities or hobbies enjoyed before the accident.
Disfigurement: Emotional and social consequences of scars, burns, or other visible injuries.
Mental Anguish: Psychological suffering, including post-traumatic stress disorder (PTSD).
Legal Basis for Pain and Suffering Damages in Texas
Texas law recognizes pain and suffering as compensable under its tort system. These damages are typically awarded in personal injury claims arising from accidents such as:
Truck and car accidents
Workplace incidents
Premises liability cases
Medical malpractice
However, Texas imposes certain restrictions on non-economic damages, particularly in medical malpractice cases, where caps limit the amount recoverable. The jury will also play a part in what a plaintiff can recover.
How the Jury Determines Pain and Suffering
In Texas, juries play a significant role in determining the value of pain and suffering damages. Since these damages are subjective, jurors rely on the evidence presented and their judgment to assign a monetary value. Factors they may consider include:
Severity and permanence of the injury
Impact on the plaintiff’s daily life
Testimony from the plaintiff, family members, and medical professionals
Visual evidence, such as photographs of injuries
There’s some existing guidance to help determine damages from car accidents.
Methods for Calculating Pain and Suffering Damages
While there’s no fixed formula for calculating pain and suffering damages in Texas, two primary methods are commonly used:
1. The Multiplier Method
The multiplier method involves multiplying the plaintiff’s economic damages—such as medical expenses and lost wages—by a number typically between 1.5 and 5. The multiplier reflects the severity of the injury and its impact on the plaintiff’s life.
Example Calculation
Economic damages: $50,000 (medical bills and lost income)
Multiplier: 3 (for severe injuries and long-term suffering)
Pain and suffering damages: $50,000 × 3 = $150,000
The chosen multiplier depends on factors such as:
The extent of physical pain and emotional suffering
Whether the injuries are temporary or permanent
The level of disruption to the plaintiff’s life
2. The Per Diem Method
The per diem ("per day") method assigns a daily monetary value to the plaintiff’s pain and suffering and multiplies it by the number of days the plaintiff has experienced and is expected to continue experiencing pain.
Example Calculation
Daily rate: $200 (based on the plaintiff’s testimony and medical opinions)
Duration: 500 days (from the car accident until recovery or stabilization)
Pain and suffering damages: $200 × 500 = $100,000
While the per diem method is more specific, it may be harder to justify the daily rate, making medical testimony essential.
Evidence Needed to Support Pain and Suffering Claims
Proving pain and suffering requires substantial evidence. Plaintiffs should gather:
Medical records: Detailed documentation of diagnoses, treatments, and prognoses.
Witness testimony: Medical professionals can explain the extent of injuries and their impact on the plaintiff’s life.
Mental health records: Evidence of therapy or counseling sessions supports claims of emotional distress.
Photographs and videos: Visual evidence of injuries and recovery challenges can be compelling.
Personal testimony: Plaintiffs and their loved ones can testify about the emotional and physical toll of the injuries.
Journals or diaries: Daily logs detailing pain, emotional struggles, and life limitations provide a firsthand account of suffering.
These types of evidence can have an impact on the final calculation of damages.
Factors Influencing Pain and Suffering Damages in Texas
Several factors can influence the calculation of pain and suffering damages:
Severity of injuries: Serious injuries such as spinal cord damage, brain trauma, or amputation generally result in higher awards.
Duration of recovery: Longer recovery periods or permanent disabilities increase the value of pain and suffering damages.
Age and life circumstances: Younger plaintiffs or those with dependents may receive higher awards due to the long-term impact of their injuries.
Credibility of evidence: Strong documentation and credible testimony strengthen the plaintiff’s case.
Comparative fault: Under Texas’s modified comparative fault rule, damages are reduced if the plaintiff is partially at fault. If the plaintiff is more than 50% at fault, they can’t recover damages.
While these factors have a role in determining damages, there are limitations to what they can be.
Caps on Pain and Suffering Damages in Texas
Texas imposes caps on non-economic damages in specific cases:
Medical malpractice: Non-economic damages are capped at $250,000 per defendant, with an overall cap of $500,000 if multiple defendants are involved.
Punitive damages: Although not the same as pain and suffering, punitive damages are also capped at the greater of $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages (up to $750,000).
These caps don’t apply to most personal injury cases, such as car accidents or premises liability claims.
Role of Insurance Companies in Pain and Suffering Claims
Insurance companies often play a critical role in settling pain and suffering claims. Adjusters typically use computer algorithms, such as the Colossus system, to estimate non-economic damages. These systems consider factors like:
Medical records
Type of injuries
Treatment duration
However, insurance companies may undervalue pain and suffering damages to minimize payouts. Hiring an experienced attorney can help plaintiffs negotiate fair compensation.
Challenges in Calculating Pain and Suffering Damages
Personal injury attorneys need to overcome certain challenges when helping clients pursue pain and suffering damages.
Subjectivity: Non-economic damages are inherently subjective, making them harder to quantify.
Bias: Insurance adjusters and jurors may undervalue or dismiss claims of emotional distress.
Burden of proof: Plaintiffs must provide compelling evidence to justify their claims.
Comparative fault: Defendants may argue that the plaintiff’s actions contributed to their suffering, reducing the potential award.
Practical Tips for Maximizing Pain and Suffering Damages
To strengthen their claim, plaintiffs should:
Document everything: Keep detailed records of medical treatments, emotional struggles, and lifestyle changes.
Seek medical and psychological care: Professional diagnoses and treatment records bolster credibility.
Hire an experienced attorney: An attorney can gather evidence, negotiate with insurers, and present a compelling case in court.
Be honest: Exaggerating injuries or suffering can backfire, undermining the plaintiff’s credibility.
Consider mediation or settlement: While going to trial may yield higher damages, settlement can provide faster compensation without the risk of losing in court.
Whether you settle or go to court, it’s essential to work with an experienced attorney if you want to pursue pain and suffering damages after a car accident.
Contact The Ardoin Law Firm P.C. to Learn More
Calculating pain and suffering damages after serious car accidents in Texas is a nuanced process. Plaintiffs must provide compelling evidence and may use methods such as the multiplier or per diem approach to estimate damages. Consulting an experienced personal injury is the first step in pursuing compensation for the physical and emotional toll of car accidents. I serve clients in Houston, Texas. Call The Ardoin Law Firm P.C. to discuss legal representation today.