According to data from the Texas Department of Transportation (TXDoT), approximately 244,092 people were hurt in motor vehicle collisions in the state in 2022. A serious crash can leave you with stacks of medical bills, missed paychecks, and terrible pain and suffering. This raises an important question: How much compensation can you recover for pain and suffering after a car accident? The answer depends on several factors—including the severity of your injuries and your ability to prove fault. Here, our Dallas personal injury lawyer provides an overview of the key things to know about recovering financial compensation for pain and suffering after a motor vehicle collision in Texas.
Pain and Suffering: Defined
A car accident can cause serious economic and non-economic damages. In the context of a motor vehicle crash, the term pain and suffering encompasses the physical discomfort and emotional distress a victim endures as a result of their injuries. To be clear, pain and suffering is not limited to immediate physical injuries, but also includes long-term effects such as chronic pain, scarring, and emotional trauma.
You Have the Right to Pursue Compensation for Non-Economic Damages
Through a car accident claim in Texas, injured victims have the right to pursue compensation for tangible and intangible damages. Pain and suffering is an intangible damage. Compensation for non-economic damages serves to recognize the emotional and psychological toll an accident takes on the person. An experienced Dallas auto accident lawyer can review your case and help you take action to secure the maximum financial support for your pain and suffering.
Know the Value: Pain and Suffering Can Be Challenging to Put a Dollar Figure On
How much financial compensation can you actually recover for pain and suffering in a Texas car accident claim? You may be entitled to seek compensation for the full value of your pain and suffering. Of course, this raises another question: How is pain and suffering valued? In general, the insurance companies will use one of two different methods to try to put a dollar figure on your pain and suffering:
- The Multiplier Method (More Common): The multiplier method involves multiplying the actual economic damages by a certain number—usually between 1 and 5―based on the severity of the pain and suffering.
- The Per Diem Method (Less Common): The per diem approach, which assigns a daily rate to the victim’s suffering and multiplies it by the number of days the victim is affected.
Neither of these methods are particularly easy to apply to real world car accident claims. Unfortunately, the big insurance companies often try to take advantage of the ambiguous nature of pain and suffering in an effort to undervalue the damages suffered by the injured victim. You deserve full and fair compensation for your pain and suffering. A top-tier Dallas, TX auto accident attorney can protect your rights and help you maximize your financial recovery.
Key Factors that Will Impact Your Financial Recovery
There are a number of different factors that will impact the value of your car accident claim, including how much compensation you can recover for pain and suffering. Here is an overview of three factors in Texas:
- Liability: Fault is essential. In Texas, the concept of proportionate responsibility plays a significant role in determining compensation. If a victim is found partly at fault for the accident, their recovery may be reduced by a proportionate amount .
- Damages: The extent and permanence of your injuries directly affect compensation. Severe and long-lasting injuries typically result in higher pain and suffering awards. Documentation of injuries, treatment, and the impact on daily life is critical in substantiating these claims.
- Process: Successfully navigating the claims process requires knowledge of legal procedures and negotiation skills. Insurers are adept at minimizing payouts—and without effective negotiation, victims may receive less than they deserve. Our Dallas car accident attorney has the skills and experience to hold insurance companies accountable.
Contact Our Dallas, TX Auto Accident Attorney for a Free Case Evaluation
At The Pennington Firm, our Dallas car accident lawyer is committed to protecting the rights of victims and their families. If you have any questions about recovering financial compensation for pain and suffering in a motor vehicle crash, we are here to help. Contact us today for your free, no obligation initial consultation. With a law office in Dallas, we handle auto accident claims throughout North Texas, including in Fort Worth, Arlington, and Richardson.