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Pain and Suffering
Pain and suffering falls under the category of compensatory damages. Pain and suffering damages allows an accident victim to receive compensation for the mental anguish and physical pain that they suffered due to the injuries they sustained in the accident. Typically, there is no set standard for how a judge or jury may calculate or award pain and suffering damages. To obtain compensation in a personal injury lawsuit you will need to show evidence of pain and suffering and how it has impacted your life since the accident. This can help the judge and jury determine how much compensation to award you.
Types of Pain and Suffering
Pain and suffering encompasses more than what many people realize. Many types of injuries and harm fall under pain and suffering, including:
- Disfigurement
- Anxiety
- Reputational damage
- Depression
- Emotional distress
- Grief
- Physical pain or impairment
- Loss of companionship
- Mental suffering
- Humiliation
And more.
Pain and suffering can also involve the deprivation of certain things an accident victim is no longer able to enjoy due to the accident. These losses may include loss of companionship, quality of life, or enjoyment of life.
Calculating Damages
In Texas, there is no fixed standard for determining the value of these damages. The court may look at some of the following considerations when awarding pain and suffering damages:
- How the injuries have impacted your life
- The extent of the careless actions demonstrated by the liable party
- The emotional and physical distress you experienced
- Whether your injuries left you with a permanent disability
- Your prognosis
- The medical care you have undergone and the ongoing treatments required
- The degree of harm you sustained
If your personal injury lawyer can prove that you suffered certain mental pain and/or physical injuries, a judge and jury will use their judgment to determine what dollar amount to award for pain and suffering damages.
Multiplier Method
The multiplier method is often used to calculate pain and suffering damages. With this method, the value of all economic damages is added up and then multiplied by a certain number, usually between one and five. The multiplier used will depend on the severity of your injuries.
Per Diem Method
This method relies on using a specific dollar amount for every day you experience pain and suffering due to the accident. The daily rate is calculated using your daily earnings before the accident.
Damage Caps
In Texas, there is no damage cap for pain and suffering damages.
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Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
Locations
All Across Texas
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
Proving Pain and Suffering Damages
Pain and suffering damages are proven with objective evidence, although they are meant to compensate accident victims for subjective losses.
Examples of evidence that can be used to prove these damages include:
- Medical records
- Medical bills
- Photos of your injuries, property damage, the accident scene
- Expert testimony
- Testimony from friends, family, coworkers
- Written testimony from treating physicians, psychologists, occupational therapists, physical therapists
- Videos showing your activity level before and after the accident
- A journal containing documentation of your pain levels, how the injuries have impacted your life at home, the activities you are unable to perform, how the injuries have impacted your performance at work
- Evidence of time missed at work
Should I Hire a Personal Injury Lawyer to Help Me Pursue Damages?
If you were injured in an accident and suffered injuries that resulted in pain and suffering, hiring a personal injury lawyer can give your case the best chance of success. When you work with a personal injury attorney at Loncar Lyon Jenkins, they can help you recover the compensation you deserve, including compensation for pain and suffering. An attorney on our legal team can help you gather evidence that can prove the extent of these damages, whether it’s written testimony from your employer, or helping you keep a pain journal that will document your struggles.
At Loncar Lyon Jenkins, our personal injury attorneys know how important it is to recover every penny of compensation you’re owed for your pain and suffering and can help you obtain the evidence you need to prove the severity of your injuries and how they have impacted your life.
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Our highly experienced lawyers will contact you for a Free Legal Consultation.
Contact Us Today!
At Loncar Lyon Jenkins, we offer free consultations to discuss your case.
If you’ve been injured in an accident, contact a personal injury lawyer at Loncar Lyon Jenkins as soon as possible. We can meet with you to go over your case, discuss your legal options and rights, and determine the best course of action moving forward. At Loncar Lyon Jenkins, we will work tirelessly to help you recover the compensation you deserve, for an accident that was caused by the negligence of another.
Locations
All Across Texas
Each year, Loncar Lyon Jenkins represents over 7,000 clients all over Texas and will travel to any city or town within the Lone Star state.
Dallas
Phone: +1 214 747 0422
Fax: 214.382.5838
424 S. Cesar Chavez Blvd. Dallas TX 75201
