Injuries often come with a hefty price tag. However, not all damages come with a price tag that you can provide when requesting compensation.
An injury has more than a physical impact; it impacts your quality of life in more ways than one. It can tamper with your proactivity at work, in life, and in your daily chores. It can also take away your ability to enjoy your life as you once did.
Texas law acknowledges this fact and allows you to seek compensation for your pain and suffering. In addition to monetary damages, you are also entitled to seek compensation for non-monetary losses, such as emotional distress.
Damages Covered Under Pain and Suffering
As a legal term, “pain and suffering” refers to a broad range of difficulties that people face in the aftermath of a personal injury. Although each case is different depending on the facts and circumstances, some typical examples of pain and suffering include:
- Physical pain
- Chronic ailments
- Post-traumatic stress disorder
- Permanent damage resulting in the loss of bodily function
- Psychological trauma
- Permanent scarring, or disability
- Emotional distress
- Anxiety and depression
Some of the damages (such as medical bills, missed payments, and decreased earning capability) are measurable and often referred to as economic damages. However, certain non-economic damages (such as diminished quality of life, anxiety, stress, and emotional distress) are more difficult to quantify.
These damages cover everything from physical pain to social and interpersonal effects, such as interference in relationships with a spouse or between parents and their children. In other words, anything that tampers with your quality of life is considered pain and suffering. And you are entitled to fair and adequate compensation for it.
Contacting an experienced personal injury attorney in Texas will help you build a strong case.
Calculating Pain and Suffering in a Texas Personal Injury Claim
When it comes to determining just compensation for pain and suffering, two common methods are used. Using a multiplier is the most straightforward option available. Start by figuring out how much money you’ve lost because of the damages. A person’s economic damages include things like medical bills, property damage, missed pay, and so on.
The second way is based on the per-diem method. This strategy provides a monetary value for each day of recovery. A usual dollar number is an amount you would normally earn from your daily wage. You will get this amount every day until you attain Maximum Medical Improvement (MMI).
The per diem technique is often preferred by juries in circumstances when the estimated date of recovery is defined. The multiplier approach, on the other hand, is used in situations of long-term or chronic harm.
How Do I Prove That I Have Suffered Physically and Psychologically?
Make sure that your lawyer has access to all your medical records. You may be compelled to modify your lifestyle and job as a consequence of the injury. Keeping a track of these side effects in your medical records is also beneficial.
The objective comparison of changes in your physical and psychological health before and after your accident is the most effective method to prove subjective damages incurred. A skilled attorney can assist you by easing the otherwise difficult task of proving the value of your pain and suffering.
Subjective Proof of Your Altered Life
Keep tabs on the following:
- The kind of physical activities you engaged in before the accident and how they were affected now. Do you still participate in the same activities but with discomfort, or do you now ignore them entirely?
- How your profession or career has altered following the accident. Can you still fulfill the physical requirements of your previous job? Have your hours or prospects for overtime been curtailed? Did your duties change? Was a promotion denied to you? Were you coerced into retiring?
- How has your relationships with coworkers and clients altered?
- How has the injury has impacted your relationships with your friends and family?
- How have you been impacted emotionally since the injury? For instance, do you experience fear, sadness, anxiety, or other emotional problems?
- Do you face trouble sleeping?
- Do you have emotional outbursts?
- Do you avoid things you formerly loved, and/or do you feel detached from family and friends?
The more proof you present, the more obvious it will be that pain and suffering has had an adverse influence on your life.
Objective Evidence to Make a Strong Case
Medical records, including diagnostic tests, detailed assessments, and related notes, all come in handy. If your injury is severe enough, you should also get a professional medical opinion on whether you’ll be permanently disabled and what kind of follow-up treatment you’ll need in the future.
- Maintain a record of any mental health care you’ve had
- Injuries to your physical body and damage to your property should be documented in photos
- A comparison of your activity levels before and after the accident
- Text messages to your loved ones or email
- Friends, family members, and coworkers who have seen the injury’s effects on your personal and professional relationships
- Evidence of wasted time at work or a diminished capacity to do your job
- An expert’s assessment of your pain and suffering
Your personal injury lawyer in Texas can help ease the task for you by gathering and organizing all the required evidence so that you may concentrate on your recovery.
Talk to a Texas Personal Injury Lawyer
In addition to showing your pain and suffering, the law compels you to attach value to it. You must prove the facts of your case to win a personal injury lawsuit. If you need legal assistance, contact the Buzbee Law Firm.
Our personal injury lawyers in Texas can assist you in determining the true value of your claim while completing all other aspects of your case, such as demonstrating your pain, suffering, and loss of quality of life.
