How to Calculate Pain and Suffering in a Personal Injury Case in Texas
📈 What is Pain and Suffering?
“Pain and suffering” is a category of non-economic damages that includes:
- Physical pain and discomfort
- Emotional distress or trauma
- Anxiety, depression, or PTSD
- Loss of enjoyment of life
- Impact on relationships (loss of consortium)
These damages are subjective—meaning they’re not tied to a medical bill or receipt. But that doesn’t mean they’re any less real.
⚖️ How is Pain and Suffering Calculated?
There is no fixed formula under Texas law, but two common methods are used by attorneys, insurance adjusters, and juries:
1. Multiplier Method
- Multiply your economic damages (e.g., medical bills, lost wages) by a factor typically between 1.5 and 5.
- The more severe and long-lasting the injury, the higher the multiplier.
Example:
- $20,000 in medical bills x 3 multiplier = $60,000 for pain and suffering
2. Per Diem Method
- Assign a daily dollar amount (e.g., $200/day) to your suffering and multiply it by the number of days you experienced pain.
Example:
- $200/day x 120 days of recovery = $24,000 for pain and suffering
🔢 Factors That Influence the Value of Pain and Suffering
- Severity and permanence of the injury
- Length of recovery
- Emotional impact
- Physical scarring or disfigurement
- Interruption to work, hobbies, or family life
- Whether expert testimony or therapist notes support your claims
🕵️♂️ Common Insurance Tactics to Undervalue Pain
- Saying you didn’t go to the doctor enough
- Arguing your injuries were pre-existing
- Minimizing the impact on your daily life
- Offering a lowball settlement before symptoms peak
That’s why working with an attorney who understands the full picture is so critical.
🔎 Realistic Range for Pain and Suffering in Texas
Depending on your case:
- Minor soft tissue injury: $2,000–$10,000
- Moderate injury with therapy: $10,000–$50,000
- Severe injury or surgery: $50,000–$250,000+
- Permanent disability or scarring: potentially much higher
These are general ranges and vary by facts, county, and jury tendencies.
✅ Final Thoughts:
If you’re dealing with the aftermath of an accident, don’t let insurance companies minimize your pain. Document everything. Get help from professionals. And pursue what your case is truly worth.
📆 Book Your Free Injury Case Review
🌐 Use our online pain and suffering calculator for Texas injuries: https://www.my-texas-lawyers.com/personal-injury
⚠️ Legal Disclaimer:
This blog is for informational purposes only and does not constitute legal advice or a guarantee of case value. For advice specific to your situation, consult a licensed attorney.
