If someone else’s negligence leaves you injured in an accident, calculating the economic damages you incur is generally fairly straightforward. You can tally your medical costs, any damaged property, and lost wages by combining the total expenses. Pain and suffering, however, are a different matter. Being injured in an accident caused by someone else can lead to a heavy emotional burden. Calculating the degree of pain and suffering you endured as a result of such an accident may be an important component of your personal injury case.
Pain and Suffering
If someone else’s negligence leaves you injured, the pain and suffering that accompanies the accident can come in many forms, including:
- Physical pain
- Emotional distress
- Trauma
- Grief
- Anxiety
- Disfigurement
- Disability
- Reduction in your ability to enjoy life
- Reduction in quality of life
These noneconomic damages, nevertheless, can obviously be extremely disruptive and detrimental in your life.
The Determination of Pain and Suffering
In order to pursue compensation for your pain and suffering in a Texas personal injury case, the accident in question must have caused you to be physically injured. For example, if you suffer a broken bone in a car accident caused by another motorist’s negligence, you can likely pursue compensation for your pain and suffering. If another motorist is responsible for your car being damaged in an accident, however, you are not eligible to pursue damages related to pain and suffering.
The Calculation of Pain and Suffering
There is no one specific way to calculate pain and suffering in Texas personal injury law, but a multiplier is often used. This involves calculating the financial damages you suffered and multiplying that amount by a number (generally between one and five). The more significant your pain and suffering, the higher the number used. The intention is to compensate you for the degree to which your injuries negatively affect your life. A variety of factors can come into play, including:
- If you need medical treatment for your pain
- If your pain is likely to be long-term or chronic
- If your recovery is likely to be prolonged
- If you need counseling or therapy to cope with the injuries you sustained
- How your injuries affect your quality of life, your ability to take care of yourself and your home, your relationships, and more
- If the at-fault party’s actions were reckless or malicious
When it comes to calculating pain and suffering, there is naturally a lot involved. Obtaining the compensation you need to make your fullest recovery, however, is critical.
If Someone Else’s Negligence Leaves You Injured, Consult with an Experienced Attorney Today
If you have been injured by someone else’s negligence, attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is here to help. Mr. Pritchard has the experience, commitment, and knowledge to skillfully advocate for the compensation you need to reach your most complete recovery. For more information, please do not hesitate to contact or call us at (254) 220-4225 today.