If you’ve been injured through no fault of your own, you could be entitled to compensation from the other party. When determining the cost of your recovery, it might be easy to add up the cost of medical bills, lost wages, or property damage. But it is more complicated to determine the value of intangible things like pain and suffering. To do that, courts use a formula, called a “pain and suffering damages calculator”, in order to determine a monetary amount that is appropriate. This article will explain how pain and suffering compensation is calculated in Texas.
What is a Pain and Suffering Damages Calculator?
The first thing to understand is that a pain and suffering damage calculator is not a literal calculator or even a predetermined formula. It’s a conceptual framework that courts use to assess how much compensation you may receive for pain and suffering, applied on a case-by-case basis.
How Does a Pain and Suffering Calculator Work?
In Texas, there are two basic methods used to calculate damages on a pain and suffering claim. Here is a description of both methods:
- The “Multiplier” Method. When pain and suffering are calculated using a multiplier, it is typically a multiplier of monetary damages. Firstly, your claim establishes the amount of monetary damages you are owed in your suit. Once the monetary damages are proven, the court may apply a “multiplier” for your pain and suffering, multiply your monetary damages by that amount, and award you the total. In Texas, the multiplier is usually a number between 1 and 5. For example, if you broke your nose, but it healed well, the pain and suffering multiplier may just be 1. If you suffered a spinal injury and required months of intensive treatment, the multiplier might be 4 or 5. For example, if you were in an accident, and you are entitled to:
- $5,000 in property damage
- $5,000 in medical costs and expenses
- $5,000 in lost wages
Then your total monetary damages would be $15,000. If you had a minor injury with some pain and suffering, a court may “multiply” that amount by 1.5, awarding you total damages of $22,500. If you had a severe and life-altering injury, the court may “multiply” your monetary damages by 5, giving you a total award of $75,000.
- The “Per Diem” Method. With the per diem pain and suffering calculation method, the court assigns a daily value for your pain and suffering, often based on your salary. Then the per diem amount is applied to every day that you experienced pain and suffering. For example, if you had a spinal injury, and it took you 12 weeks to recover, and you were in pain the whole time, the court might assign a daily value to your pain and suffering. If you earn an average of $100 a day, you might be awarded $100 a day for the entire 12 weeks that you were in recovery, for a total of $8,4000 in pain and suffering.
In Texas, a per diem pain and suffering calculation is often used in cases with a specific recovery time, or when the injured person has reached Maximum Medical Improvement. The multiplier pain and damage calculation is often used in cases with less defined time periods.
When Do Pain and Suffering Damages Apply?
In Texas, medical malpractice cases limit pain and suffering damages to $250,000, no matter how much is calculated on the claim. However, there are no limits to pain and suffering damages in car accidents, product liability, personal injury, or other types of cases. Here are some important factors to consider in your pain and suffering claim:
- Keep records. Your pain and suffering claim is stronger when you have more evidence. It helps to keep a written record of the effects of your pain, the ways in which you have to adapt to it, and any major changes in your daily life.
- Consider your quality of life. Naturally, when pain and suffering make it impossible to work, the impairment is clear and obvious. But pain and suffering can also impact other areas of your life, including hobbies, volunteer work, and other recreational activities. If you can no longer participate in life in the way you used to, that should be considered part of your pain and suffering.
- Remember future damages. In many cases, your pain does not go away when a settlement is received. Instead, pain and suffering can have life-long effects. If an accident or injury left you with a permanent scar, disability, or other lasting impacts, it should be included in the pain and suffering calculator.
- Seek mental help if you need it. Accidents and injuries can have effects that go beyond the physical, and leave a deep impact on our thoughts and feelings. It is important to seek therapy or mental health help in order to fully recover, and emotional trauma is part of pain and suffering. Note that, in Texas, you can pursue a pain and suffering claim in cases where there are no other physical or monetary damages. But you cannot claim emotional trauma in the absence of physical harm or injury.
How Can Aaron Allison Help?
At the family-owned law offices of Aaron Allison, we know that sometimes the most important effects of accidents and injuries are the ones that are hardest to see. That’s why we fight to get you the most pain and suffering compensation you’re entitled to and help the courts make the right pain and suffering calculation in your case. If you are in pain and deserve compensation, contact us today for a free consultation.
