When you or a loved one is injured or harmed because of someone else’s negligence or wrongful actions, a natural step is to file a lawsuit or pursue legal action to hold them accountable. A whopping 1,281,000 civil cases were filed in 2021, according to the most recent Texas Judicial Branch annual report.
In a court case, damages encompass all of the different ways that a person can be harmed by someone else's negligence in a personal injury case. Economic and noneconomic damages can be awarded to compensate the injured person in a lawsuit. One type of noneconomic damages is known as pain and suffering.
Our knowledgeable and experienced Texas personal injury lawyers at The Button Law Firm break down everything you need to know about pain and suffering damages in a personal injury lawsuit.
What Are Damages in a Lawsuit Filed in Texas?
Damages in a personal injury lawsuit are the monetary, physical, emotional, or psychological impacts from an injury or accident caused by someone else. Damages are meant to compensate the injured person for the injuries he or she sustained because of negligence or intentional harm from the person that caused the injury. One type of damages is pain and suffering.
What Is Pain and Suffering in a Lawsuit?
Pain and suffering are damages awarded to victims who endured physical or emotional pain, distress, and suffering due to a person or company’s wrongful act.
These significant damages acknowledge the psychological tolls and hardships endured. In addition, pain and suffering damages reinforce the importance of maintaining a safe environment and following safety protocols.
Some common examples of pain and suffering include:
- Development regression that a child may experience, such as bedwetting or falling behind/forgetting potty training following daycare abuse or negligence
- Extreme pain from a severe injury, including a punctured organ, spinal cord injury, or third-degree burn caused by a car accident
- Feeling of isolation while recovering from a severe burn or amputation injury
- Psychological trauma following an instance of neglect or sexual abuse
In addition to what the victim of a personal injury incident experiences, pain and suffering damages can include the emotional toll that a serious injury takes on a caregiver. For instance, a parent’s emotional hardships or anxiety after a child is injured at a daycare center, or the physical and emotional toll on a spouse helping a loved one recovering from a serious car accident.
How Is Pain and Suffering Calculated in Texas Lawsuits?
In Texas, pain and suffering are the unquantifiable damages resulting from someone else's negligence. Unlike economic damages, you do not get a receipt for pain and suffering. The judge and jury assigned to a case will look at the severity of the victim’s injuries and how badly his or her life was affected.
Factors that help determine the amount of money that should be awarded for these damages include:
- Any disability or loss of bodily function caused by the incident
- Diminishment in quality of life
- Duration of physical discomfort
- Mental anguish
- Psychological trauma experienced from the incident, including anxiety, depression, and fear
- Severity of an injury, including necessary current and future medical treatments
Texas courts follow a system known as a multiplier method. This is typically a ranking between 1.5 and 5. Based on the severity of an injury, with 5 being the most severe, like a traumatic brain injury (TBI), spinal cord injury, amputation, or severe burn.
Any financial losses from a personal injury lawsuit are often multiplied by the multiplier ranking. For example, if the total damages from a daycare injury are $100,000 and the ranking applied is 4.5, pain and suffering damages would be calculated at $450,000. This FindLaw article explains the multiplier method in more detail.
How The Button Law Firm Has Helped Clients Secure Pain and Suffering Damages
Our personal injury attorneys have helped many clients across Texas hold negligent people and companies accountable for injuries, including securing pain and suffering damages. Read some of our success stories:
- Justice Served: Dallas Car Wreck Attorneys Hold a Reckless Driver Accountable
- Woman Hires BLF After Being Hurt by an Underinsured Texas Driver
- Texas Personal Injury Attorney Helps Family Get Closure After Losing Four Family Members in a Head-On Collision Due to Negligent Truck Driver
- The Button Law Firm Files Complaint Against Texas Daycare on Behalf of a Fort Worth Mother and Daughter
- The Button Law Firm Secures Settlement for Austin Woman Injured in Car Accident
Schedule a Free Case Evaluation with Our Texas Personal Injury Lawyers
Our team of experienced personal injury attorneys at The Button Law Firm is dedicated to advocating for you and your family after a serious injury is sustained due to the negligence of another person or company. With offices in Dallas, Houston, and Midland, we are ready to listen, fight for you, and help you move forward. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatic incident. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409 or fill out a contact form for a free case evaluation.
