Were you injured in a Texas car accident and wondering how anyone can put a dollar value on what you are going through? Medical bills and missed paychecks are only part of the picture when you start talking about Texas car accident damages. An experienced car accident lawyer from Burch Law Firm can evaluate your case and give you a better idea of what to expect.
What Constitutes Pain & Suffering in Texas Personal Injury Cases?
Texas law distinguishes between economic and non-economic damages. Economic damages include medical expenses, prescription costs, therapy, property damage, and lost income. Non-economic damages cover the human impact of an injury, and intangible losses such as physical pain, emotional distress, and changes to how you live your life.
Pain and suffering fall into the non-economic category. Common Texas pain and suffering examples include:
- Daily physical discomfort, pain, or flare-ups that limit movement or cause sleep disturbances
- Chronic pain and permanent disability
- Emotional trauma and mental anguish
- Anxiety, fear of driving, or mood changes after the crash
- Loss of enjoyment when you cannot take part in hobbies or family activities
Courts and insurers look for specific evidence that your injuries affect real moments in your life, not just numbers on a bill. A New Braunfels injury lawyer at Burch Law Firm will review your medical records, talk with you about your routine, and help you describe how the crash disrupted work, family time, and simple tasks.
Methods of Calculating Pain and Suffering
Insurance companies may use various methods to try to put a number on non-economic losses, such as:
The Multiplier Method
The multiplier method starts by adding up your economic losses, such as medical bills and lost income. That total becomes the base number. The insurance company applies a multiplier, often between 1.5 and 5, depending on the following factors:
- The severity of your injuries
- How long you needed medical treatment
- Whether you face long-term limits on work or daily tasks
Lower multipliers are typically applied to minor injuries that heal within a few weeks. Higher multipliers may be appropriate when serious injuries are involved, such as those that require surgery, cause permanent scarring, or keep you from returning to your prior job. When you combine the multiplied amount with your economic losses, the insurance company can estimate potential Texas car accident damages tied to both financial and personal harm.
The Per Diem Method
Another common pain and suffering calculation insurance companies use is the per diem method. Per diem means per day. Under this method, the insurance company assigns a daily dollar value for each day you suffered pain and other adverse consequences due to the accident. For example, if the insurance company assigned a value of $1,000 for each day of your suffering and you suffered for ten days, your pain and suffering claim would be valued at $10,000 in this example.
Other Methods
While the multiplier and per diem methods are some of the most common methods insurance companies use to calculate pain and suffering and other non-economic damages, they are not the only ones. Insurance adjusters may determine settlement amounts using software programs, prior claim values, or other methods. An experienced personal injury lawyer can explain why these methods do not fairly compensate you and argue for you to recover higher compensation.
At Burch Law Firm, we focus on how injuries change the daily lives of our clients. Real cases show how powerful non-economic damages can be. In one result, Burch Law Firm represented the estate of a woman killed in a crash with a commercial truck and proved she suffered conscious pain for several minutes before she passed. We successfully recovered more than $1,502,500 in that case, a substantial portion of which covered that pain and suffering. Outcomes like that highlight how carefully documented pain can support a higher value for non-economic damages like pain and suffering.
We Are Ready to Maximize Your Texas Car Accident Damages
Your pain and suffering award can make up a significant portion of your personal injury case. A Texas personal injury attorney from Burch Law Firm can review your medical records, work with your doctors, and help tell the full story of your recovery so that pain and suffering are not overlooked or undervalued during negotiations.
Our personal injury law firm is rooted in New Braunfels and focused on helping injured people across Central Texas pursue fair compensation for all aspects of their losses. Please contact us online for a free consultation.
