Car accidents can be devastating, leaving victims with not only physical injuries but also emotional trauma and financial burdens. When seeking compensation, most people think about medical expenses and lost wages. However, pain and suffering—a form of non-economic damages—can significantly impact a victim’s life as well. Understanding how these damages are calculated and proving their worth can be challenging, which is why working with an experienced Austin car wreck attorney is crucial.
At Slingshot Law, we help injured victims in Austin, Texas navigate their legal claims and maximize their compensation. In this guide, we break down what pain and suffering entails, how it is calculated, and how you can strengthen your claim.
What Is Pain and Suffering?
Pain and suffering refer to the physical and emotional distress caused by an accident. Unlike economic damages—such as medical bills and lost wages—pain and suffering are considered non-economic damages, meaning they do not have a clear monetary value.
Pain and suffering can include:
- Physical pain from injuries, surgeries, and long-term discomfort
- Emotional distress, such as anxiety, PTSD, or depression
- Loss of enjoyment of life, including an inability to participate in activities once enjoyed
- Disfigurement or permanent disability, which affects self-esteem and quality of life
Texas law allows car accident victims to seek compensation for these damages, but proving them requires strong evidence and legal experience.
How Pain and Suffering Is Calculated
Since pain and suffering are subjective, insurance companies and courts use different methods to calculate their worth. The two most common approaches are:
1. The Multiplier Method
With this method, economic damages (such as medical expenses) are multiplied by a number typically between 1.5 and 5, depending on the severity of the injuries.
For example:
- If your medical expenses and lost wages total $50,000, and a multiplier of 3 is used, your pain and suffering damages could be $150,000.
Factors that influence the multiplier include:
- Severity of injuries
- Length of recovery time
- Impact on daily life
- Need for ongoing medical treatment
2. The Per Diem Method
This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you experience hardship. For example, if the daily rate is $200 and your recovery takes 180 days, your pain and suffering compensation would be $36,000.
Proving Pain and Suffering in a Car Wreck Case
Insurance companies often try to minimize pain and suffering payouts, so proving your claim requires strong supporting evidence. A skilled Austin car wreck attorney can help you gather the necessary documentation, such as:
- Medical records showing the extent of your injuries
- Testimony from medical experts explaining long-term impacts
- Psychological evaluations detailing emotional distress
- Personal journals documenting daily pain and limitations
- Statements from family and friends describing how the injury has affected your life
Limits on Pain and Suffering Compensation in Texas
Texas does not impose a cap on pain and suffering damages in most car accident cases. However, there are exceptions, such as medical malpractice cases, where non-economic damages are capped at $250,000 per defendant.
Additionally, Texas follows a modified comparative negligence rule, meaning your compensation can be reduced if you are partially at fault for the accident. If you are found to be 51% or more at fault, you cannot recover damages.
Why You Need an Austin Car Wreck Attorney
Calculating and proving pain and suffering damages can be complex. Insurance companies often downplay these claims to reduce payouts, which is why having an experienced Austin car wreck attorney on your side is critical.
At Slingshot Law, we:
- Evaluate your claim and gather strong evidence
- Negotiate with insurance companies to maximize your settlement
- Take your case to court if a fair settlement isn’t offered
Take Action Today
If you’ve been injured in a car accident in Austin, Texas, you don’t have to face the legal process alone. The team at Slingshot Law is here to fight for your rights and ensure you receive the full compensation you deserve.
Contact Slingshot Law Today
Don’t let insurance companies minimize your pain and suffering. Contact Slingshot Law today for a free consultation and let us help you get the justice you deserve!