When you’re pursuing compensation after a car accident, there are multiple types of damages you may pursue. Your economic damages cover your financial losses, but there are also damages with no set financial value. Pain and suffering damages have no set value. Accident lawyers (Abogados de accidentes) can help you pursue compensation for pain and suffering if applicable in your case.
What Exactly Is Pain and Suffering?
Most people experience physical and emotional pain after a car accident. Physical pain is straightforward and refers to the physical pain caused by any injuries you sustained in the accident. Emotional pain refers to negative emotions and conditions such as anxiety and depression that occur as a result of the accident. The legal term for this physical and mental suffering is “pain and suffering.”
Non-economic damages are damages that can’t be measured financially when you’re seeking compensation after a car accident. Pain and suffering are a subset of those damages. Typically, compensation for pain and suffering covers your physical pain, and damages for mental anguish are considered separately. However, sometimes physical pain and mental anguish are mentioned together, specifically at trial in front of a jury.
How Much Can You Claim in Pain and Suffering?
No set sum covers pain and suffering as a whole in Texas. How much you may recover from your pain and suffering depends entirely on the strength of your case and the impact the pain has had on your quality of life. To figure out how much you could win, your attorney must use a method to calculate the value of your pain and suffering damages.
How to Calculate Pain and Suffering
If your case goes to trial, then there’s no set formula to calculate pain and suffering damages, and a jury decides on the amount you’re awarded. Outside of trial, your attorney may use the per diem method or the multiplier method to calculate the value of pain and suffering damages. The per diem method is used to calculate pain and suffering for temporary injuries, while the multiplier method is for injuries that cause prolonged suffering.
The multiplier method takes the full value of your economic damages and multiplies it by a number between one and five. The number used depends on your injuries and your circumstances going forward. For instance, if your entire life has been changed forever by something like a severe head injury, then your attorney may use five. If your injuries were mild and healed quickly, then they may use one. This sum after multiplication is the value of your pain and suffering damages that your attorney will pursue.
How Can Accident Lawyers (Abogados de Accidentes) Help Pursue Compensation for Pain and Suffering?
To maximize your chances of recovering from pain and suffering damage, you’ll need an experienced accident attorney by your side. Click here to get in touch with accident lawyers who can help both English and Spanish speakers. Once you have an attorney at your side, they can begin gathering evidence to build a strong pain and suffering claim. Some types of evidence that may be used to prove your pain and suffering are discussed below.
A Medical Professional’s Testimony
Your medical records will show that you suffered injuries after your accident. However, a testimony from a medical professional may also be used so the physician can confirm that you were injured and that these injuries caused you pain.
A Mental Health Professional’s Testimony
A mental health professional may testify if you’re seeking damages for depression, anxiety, PTSD, or other mental issues after an accident. They should testify that your state of mind was negatively affected by the accident.
Prescriptions for Medications
If you’re on any medication after the accident, then prescriptions for these medications may be used to demonstrate ongoing pain and suffering. Prescriptions for medications that treat mental health conditions and pain may be used.
A Journal
It’s a good idea to keep a journal after the accident. In this journal, you can document your pain levels, talk about how the injury has impacted your working life, and document mental health troubles. You may also write about activities you can no longer do due to your injuries or permanent disability caused by the accident.
Your Oral Statement
You’ll need to testify about how the physical pain and mental anguish have impacted your life. Making sure the insurance company responsible for paying out knows your side of the story is crucial. You also need to make a compelling case for yourself if your case goes to trial and you have to speak in front of a jury.
When you pursue compensation for pain and suffering in a car accident case, you’ll have to prove the extent of your pain and suffering to the best of your ability. Having an experienced attorney on your side is vital so they can build you a strong case. How much you can recover varies, and two methods may be used to calculate the value of your damages.
