Pain & Suffering in Texas Car Accidents
Be Compensated for Your Pain & Suffering
Victims of Texas car accidents usually suffer more than just physical injuries. The trauma, pain and suffering that often accompany a crash can stay with a victim for years or even a lifetime.
At The Bob Richardson Law Firm, our Texas car accident attorneys are dedicated to ensuring that victims recover the maximum compensation they deserve, including money for pain and suffering damages.
Victims of Texas car accidents may be entitled to both economic and noneconomic damages if someone else caused or contributed to the crash. Economic damages are intended to compensate a victim for out-of-pocket expenses, such as medical bills and lost wages. Noneconomic damages are different. People often refer to them as “pain and suffering” damages, although noneconomic damages may include other types of losses as well.
Types of Noneconomic Damages
Damages in Texas car accident lawsuits may include a financial award or settlement intended to compensate the victim for the following:
- Physical pain and suffering
- Mental or emotional pain and anguish
- Loss of consortium (a spouse’s company, affection, assistance and sexual relations)
- Physical impairment
- Loss of companionship and society
- Loss of enjoyment of life
- Injury to reputation
- Other non-pecuniary losses.
If you have been involved in a Texas car accident, consider the following questions. If the answer to any of them is “yes,” then you may have suffered noneconomic damages.
- Have you suffered pain in connection to a physical injury?
- Are you afraid or hesitant to drive or ride in a car now?
- Have you been anxious or worried?
- Have you missed any important events in your life, or the life of your family, because of the accident?
- Are you afraid to take risks that you would have taken prior to the collision?
- Are you embarrassed by scars or wounds caused by the collision?
- Has your relationship with your spouse or other family members changed for the worse?
- Has your work suffered because you are distracted, worried or uncomfortable?
Calculating Pain and Suffering Damages in Texas
There is no universally accepted formula for determining the dollar value of pain and suffering damages. However, there are some common factors and considerations that typically go into valuing a victim’s noneconomic damages.
First, a victim must have suffered physical injuries upon which the pain and suffering damages are based. Beyond that, there are a number of factors that may go into determining the value of noneconomic damages, including:
- The extent and severity of the physical injuries
- The number of physical injuries suffered
- The time it took the physical injuries to heal
- Whether the victim is expected to need continued treatment in the future
- How long the victim is expected to need treatment for the injuries
- If surgery is needed and, if so, whether it will result in permanent scarring and disfigurement
- The amount of trauma the injuries caused
- The extent to which the injuries disrupted the victim’s life
- The age and overall health of the victim prior to the accident.
Pain and suffering damages after a Texas car accident depend on the unique facts and circumstances of each case. Just as no two collisions are exactly the same, neither are any two pain and suffering damage calculations.
A child victim, for instance, may suffer severe emotional trauma from a relatively minor collision, while an adult was virtually unaffected emotionally by the crash. Likewise, a victim who earns a living modeling could suffer a significant decrease in earning potential from a relatively minor facial scar caused by an accident, while the income of someone who works as an engineer would not be financially impacted by the same scar.
Ultimately, the value of your pain and suffering damages will be the result of negotiations between your attorney and the responsible party if an out-of-court settlement is reached. If an out-of-court settlement is not possible, then a jury will determine the value of your noneconomic damages after your attorney has presented all the evidence at trial.
Talk to Our Austin and Waco Personal Injury Lawyers Now
The best way to get an estimate of the value of your pain and suffering damages is to consult with an experienced Texas car accident attorney such as those at The Bob Richardson Law Firm.
For more than 30 years, The Bob Richardson Law Firm has used hard work and determination to help car accident victims throughout Austin, Waco and surrounding Texas communities.
To learn how we can help you with your car accident case, and to receive a free case evaluation, call us today toll-free at (800) 880-5100 or use our online form.