According to the Texas Department of Transportation (TxDOT), there were 97,201 motor vehicle collisions reported in Harris County alone in 2020. Crash victims need compensation to pay their bills, including to cover medical care and lost wages. Of course, the victims of serious collisions also often endure significant pain and suffering.
This raises an important question: Can I recover compensation for pain and suffering after an accident in Houston? The answer depends on your circumstances—but it is certainly possible to get compensation for pain and suffering damages in Texas. Here, our Houston car accident attorney provides a guide to pain and suffering compensation and car crash claims in Texas.
How is Pain and Suffering Defined in Texas?
In a broad term, pain and suffering cover both the physical pain and mental distress that a person endures in an accident. Under Texas Civil Practice and Remedies Code Sec. 41.001(12), pain and suffering are included under “non-economic damages.” While non-economic damages are by definition intangible, that fact does not make them any less real. If you can prove liability and the severity of your pain and suffering damages, you have the right to recover compensation for them.
Calculating Pain and Suffering Damages After a Car Accident
Pain and suffering damages are notoriously difficult to value. With economic damages (medical expenses), there is generally a form of hard evidence that you can refer to prove the value. If you sustained $5,000 in hospital bills after an accident caused by a negligent distracted driver, you can hold them liable for that $5,000 in damages.
With pain and suffering, there is no specific “bill” that you point towards to determine the value of the damages. Further, Texas does not have a set formula for calculating pain and suffering damages. Instead, the multiplier method is typically used. Pain and suffering will be awarded as a multiple of the victim’s actual economic losses.
An Attorney Can Help You Build a Strong Case for Pain and Suffering
The multiplier that judges or juries will use to calculate pain and suffering will depend entirely on the specific circumstances of the car accident case. In order to maximize your financial recovery for pain and suffering—either through a settlement or a judgment—it is imperative that you are able to present a strong and compelling case. An experienced Houston, TX car accident attorney can help you build a well-supported personal injury case that proves the following:
- The defendant’s liability;
- The value of your economic losses (medical bills, lost wages, etc); and
- The extent to which you endured pain and suffering because of the crash.
Call Our Houston, TX Car Accident Lawyers Today
At Husain Law + Associates, P.C, our Houston auto accident attorneys are experienced, effective advocates for injured victims. If you have any questions about recovering financial compensation for pain and suffering, we can help. Give us a call at 713-800-1200 or send us a direct message to arrange your no-cost, no-commitment case evaluation. We handle car accident injury claims throughout Southeast Texas, including in Bellaire, Sharpstown, Mid-West, Southside Place, Old Braeswood & Rice Village