Imagine driving along Seawall Boulevard when another driver suddenly runs a red light and crashes into your vehicle. Beyond your physical injuries, you struggle with anxiety, sleepless nights, and the inability to enjoy activities that once brought you joy. These non-economic damages—your pain and suffering—are real losses that deserve compensation, yet they can be difficult to quantify.
When accident victims seek compensation after an injury, they often focus primarily on medical expenses and lost wages. However, the emotional distress and reduced quality of life that follow a serious injury can be just as devastating as the financial costs. At Terry & Thweatt, our Galveston personal injury lawyers understand how these non-economic damages affect your daily life and work diligently to help you secure fair compensation.
Types of Pain and Suffering Damages in Texas
Pain and suffering damages fall under the category of non-economic damages in Texas personal injury law. These damages compensate victims for injuries that affect their quality of life but don't come with direct financial costs.
Physical Pain
Physical pain encompasses both the discomfort you've already experienced and the pain you're likely to endure in the future. For example, if you suffered a severe back injury in a car accident on the Gulf Freeway in Galveston, you might experience immediate pain from fractured vertebrae followed by months of chronic discomfort.
Emotional Distress
Emotional distress compensates for the psychological impact of an injury. After a serious accident, many victims experience anxiety, depression, insomnia, or post-traumatic stress disorder. If you were attacked by an unleashed dog while jogging in Houston’s Stude Park, you might develop a fear of dogs that prevents you from enjoying outdoor activities.
Loss of Enjoyment of Life
These non-economic damages address how your injuries limit your ability to engage in activities that previously brought you joy. Imagine you're an avid sailor who regularly participated in races around Galveston Bay before suffering a burn injury in a building fire. If your injury permanently prevents you from sailing, you've lost an important source of joy.
How Texas Calculates Pain and Suffering Compensation
Texas does not use a standard formula for calculating pain and suffering, making these damages more challenging to predict than economic losses.
Mulitiplier Method
The multiplier method calculates pain and suffering by multiplying economic damages by a number typically between 1.5 and 5, depending on injury severity. For a construction worker who suffers a traumatic brain injury after falling from inadequately secured scaffolding, the multiplier might be 4 due to the severe nature of brain injuries.
Per Diem Method
The per diem approach assigns a daily dollar value to your suffering and multiplies it by the number of days you experience pain. If you suffered multiple broken bones in a bicycle accident on the Strand, your recovery might take 200 days at $200 per day, resulting in $40,000 for pain and suffering.
Compensation Factors
Several factors influence compensation amounts:
- Injury severity directly correlates with compensation amounts.
- Treatment duration signals to jurors how serious your injuries are.
- Permanent impairment significantly increases pain and suffering valuations.
Texas Laws Affecting Pain and Suffering Recovery
Texas has several laws that directly impact how much pain and suffering compensation you can recover after an accident.
Modified Comparative Negligence
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code §33.001. If you're found partially responsible for your accident, your compensation will be reduced by your percentage of fault. If you're more than 50% responsible, you cannot recover damages at all.
Punitive Damages Cap
Punitive damages are available in cases involving gross negligence or intentional harm. They are capped at the greater of:
- Two times the economic damages plus an amount equal to non-economic damages, up to maximum total of $750,000
- $200,000 in cases where economic damages are not awarded
Documenting Pain and Suffering for Your Claim
Strong documentation significantly increases your chances of receiving fair compensation for pain and suffering. Galveston personal injury victims should maintain thorough records from the moment of injury.
- Maintain a daily pain journal recording pain levels and how injuries affect your activities.
- Secure medical documentation by being completely honest with healthcare providers about all symptoms.
- Connect with expert witnesses like psychologists and life care planners who can provide professional opinions about the extent and duration of your suffering.
- Collect witness statements from friends, family members, and coworkers who have observed changes in your capabilities and demeanor.
- Hire an experienced Galveston personal injury attorney to accurately value your non-economic damages and build the most compelling case possible.
At Terry & Thweatt, we counter insurance company tactics that attempt to minimize your suffering or claim your injuries are unrelated to the accident. If you're struggling with pain and suffering after an accident in Galveston, don't face the legal system alone.
“I was in a car accident last year. I chose Terry & Thweatt because they had great reviews. I am a very busy person so I liked that they were very professional and were able to accommodate to my needs,” writes a satisfied client. “It did not take long to settle my case with a great outcome. I highly recommend his firm to anyone that needs a lawyer that will work hard for them.”
