How to Calculate Pain and Suffering in a Personal Injury Case in Texas
š 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 subjectiveāmeaning they’re not tied to a medical bill or receipt. But that doesnāt mean they’re any less real.
āļø 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
š¢ 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
šµļøāāļø Common Insurance Tactics to Undervalue Pain
- Saying you didnāt 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
Thatās why working with an attorney who understands the full picture is so critical.
š Realistic Range for Pain and Suffering in Texas
Depending on your case:
- Minor soft tissue injury: $2,000ā$10,000
- Moderate injury with therapy: $10,000ā$50,000
- Severe injury or surgery: $50,000ā$250,000+
- Permanent disability or scarring: potentially much higher
These are general ranges and vary by facts, county, and jury tendencies.
ā Final Thoughts:
If you’re dealing with the aftermath of an accident, donāt let insurance companies minimize your pain. Document everything. Get help from professionals. And pursue what your case is truly worth.
š Book Your Free Injury Case Review
š Use our online pain and suffering calculator for Texas injuries: Ā https://www.my-texas-lawyers.com/personal-injuryĀ Ā
ā ļø 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.
