Sue For Pain And Suffering – How Legal Process Works In Texas
Experienced Dallas personal injury lawyer explains what you need to know
If you have been injured in a personal injury accident in Texas, you may be eligible to receive financial compensation for pain and suffering. But what exactly does that mean? What is pain and suffering? How is pain and suffering calculated? And how much money can injury victims receive?
These are important questions, especially if you are in a lot of pain. You need all the help and support you can get after your car accident. This is why it’s important to talk with a Dallas personal injury attorney who truly understands how the legal process works in Texas.
Our legal team at The Marye Law Firm can help you every step of the way. We know the rules governing financial compensation for pain and suffering in Texas. We understand how the system functions. More important, we’re prepared to do the work that needs to be done to demand the money you deserve.
What is pain and suffering?
In terms of personal injury accidents, pain and suffering is a legal term used to describe the physical pain, discomfort, anxiety, and other negative feelings caused by an injury.
Pain and suffering is a type of non-economic damages, which means something that has a real impact on the victim but cannot be objectively measured. In contrast, economic damages is money for something that can be measured, such as the cost of medical care or vehicle repairs in the case of a car accident.
What are examples of pain and suffering?
Pain and suffering can mean a lot of things when it comes to personal injury accidents, including:
- Being in physical pain as a result of your injuries.
- Being in physical pain as a result of necessary medical treatment (such as surgery).
- Experiencing chronic pain, such as headaches or body aches.
- Long-term disability, disfigurement, or scarring.
- Permanent loss of a bodily function.
- Mental trauma and post-traumatic stress disorder (PTSD).
- Anxiety, distress, and depression.
Can I sue for pain and suffering?
Yes. In Texas, you have the right to file a lawsuit seeking damages (financial compensation) for pain and suffering as a result of a personal injury accident. And if you are in severe pain after your accident, you should be paid for your loss of quality of life.
However, in order to be successful, you will need to prove that someone else’s reckless or negligent actions directly caused your injury, which resulted in your pain and suffering.
This might sound simple. But insurance companies – especially ones representing the at-fault party – will often do everything they can to discredit your pain and suffering lawsuit. This is why you need an experienced personal injury lawyer handling your legal case.
What is the average pain and suffering settlement?
There’s no set dollar amount when it comes to how much money someone receives for pain and suffering. Every case is different. There are a variety of ways to calculate pain and suffering damages, and it ultimately depends on the facts and circumstances of the accident, the amount of available insurance, and what your attorney can build a case for.
What are the deadlines for suing for pain and suffering in Texas?
To file a personal injury lawsuit in Texas, you generally have two years from the date of your injury to file a lawsuit seeking damages, including pain and suffering damages. However, other deadlines can apply in some situations, so it’s always in your interest to speak with an attorney about your specific situation as soon as possible.
How is pain and suffering calculated?
This is a very complicated – and often contentious – question. How do you put a dollar amount on something like physical pain and discomfort? There are several tools and methods that can be used as benchmarks in the legal process, but ultimately, there is no specific formula used for pain and suffering in Texas.
Insurance companies often downplay pain and suffering and make lowball settlement offers. But the impact of pain and suffering is real. The emotional trauma of a serious injury accident can change someone’s life. And if those changes have an adverse effect and reduce someone’s ability to enjoy life, that injury victim should be financially compensated for pain and suffering.
Many juries agree and award personal injury victims non-economic damages for pain and suffering worth thousands of dollars or significantly more. In Texas, there is no legal limit on the amount of money an injury can receive for non-economic damages.
Is pain and suffering separate from medical bills?
Yes. Medical bills are considered economic damages, which means there’s a specific dollar amount charged for your medical treatment, medication, and so on. The pain and suffering you experienced as a result of your injuries is separate and distinct from the cost of medical care.
Is emotional distress the same as pain and suffering?
Not exactly. In Texas, emotional distress refers to a specific type of pain and suffering, such as anxiety, depression, mental trauma, or PTSD. If you have a physical injury, you can sue for emotional distress in addition to your physical pain and other damages.
Some states allow someone to sue for negligent infliction of emotional distress (NIED) even if there is no physical injury, for instance, if you witnessed a severe accident. However, in Texas, you can only sue for emotional distress in connection with a physical injury.
How can a lawyer help with pain and suffering?
Getting the money you deserve for pain and suffering after a serious personal injury accident can be challenging. Many times, injury victims encounter obstacles and skepticism about emotional distress, loss of enjoyment, and other non-economic damages.
You know your pain and suffering is real. Your life has been turned upside down due to a serious, traumatic incident caused by someone else’s actions. You should not have to suffer in silence. That’s why our Dallas personal injury attorneys at The Marye Law Firm want to help.
We know how to build strong legal cases. We understand Texas’ complicated laws and legal system. That’s why we have such a strong track record of success. Get the law firm that gets results for people in pain. Contact our Dallas law firm and schedule a free case evaluation.
