Damages for pain and suffering are hard to quantify simply because it is different for every victim of a car accident. That being said, you are entitled to damages for both physical and mental pain and suffering under Texas law. Salazar & Velazquez is a personal injury law firm that handles cases for those involved in a car accident who are seeking compensation for their injuries. Our compassionate car accident lawyers are here to fight for what you deserve. Below, we'll take a look at how pain and suffering damages are determined for car accidents. Contact us for a free consultation today!
Types of Pain and Suffering
- Emotional anguish, mental distress, and grief
- Anxiety, stress, and depression
- Physical pain, aches, and any discomforts
- Long-term disability, disfigurement, or scarring
- Permanent loss of body functions, such as being paralyzed
- Mental trauma
- Loss of lifestyle
- Loss of enjoyment in life
- Embarrassment and/or humiliation
- Loss of a relationship or consortium
- Loss of a career due to the injury
Factors That Determine A Victim's Pain and Suffering
There are many factors that the Texas court will weigh when determining your pain and suffering. This includes the pain at the time of the incident, the pain afterward, the pain due to treatments, long-term pain, and emotional trauma. Lifestyle changes will play a big role, too. For instance, if you are no longer to physically do activities that others can, there can be suffering applied for this.
The Multiplier Method
Texas typically uses the multiplier method to determine the amount of pain and suffering. In essence, each of the factors above will be issued a number from one to five that determines the severity of its long-term impact. That number will then be multiplied by the damage amount. For instance, if you lost a relationship that was deemed to be worth $50,000 and it was given a multiplier of four, the amount awarded would be $200,000.
The Per Diem Method
Another common way that pain and suffering is calculated in the state of Texas is called the per diem method. This method entails determining how long it will take you to recover from an injury or how long you will suffer from the effects of a car accident and then multiplying that by an amount determined per day, such as $100. This method is more often used with short-term injuries, and the multiplier method is more often used with longer term injuries.
Bear in Mind The Generalities
In the state of Texas, there is no cap on the amount of non-economic damages that can be awarded. The multiplier method is a guideline that is not a hard and fast rule. Typically, the more catastrophic your injury, the higher your compensation will be no matter if your car accident case is determined by a judge or jury. In order to receive just compensation for your individual circumstances and injuries, it's best to partner with a top-rated car accident lawyer in Houston who can fight for what you are owed. Contact Salazar & Velazquez today.
CALL SALAZAR & VELAZQUEZ FOR A FREE CONSULTATION TODAY
If you are confused by the above information, don't worry! Our top-rated car accident lawyers are here to help. With years of experience and a reputation for winning tough cases, Salazar & Velazquez can help ensure you receive just compensation for your injuries. As a contingency fee personal injury law firm in Houston, we charge a percentage of your winnings, meaning you owe us nothing upfront. We want to make sure your car accident case is solid. We are tough negotiations and hardened litigators. We care about our clients and keep them in the loop at all times about the status of their personal injury cases. You are not just a number to us.
Texas allows you two years to file a claim in a personal injury case, unless you are filing against a state agency or the government itself, which is only six months. While this is good news if you are unsure if you have a personal injury claim, two years goes by incredibly fast. When you schedule a car accident free consultation with our personal injury law firm at our Houston office, we'll let you know if we believe you have a case. Many of our customers didn't think they did, but were glad they called us to be sure. Don't delay. Contact us for a free consultation today!