How Is Pain and Suffering Calculated in Texas?

The Short Answer…

Pain and suffering damages are typically calculated using either the Multiplier Method or the Per Diem Method. The Multiplier Method takes your total economic damages (such as medical bills and lost wages) and multiplies them by a number between 1.5 and 5, depending on the severity of your injury. The Per Diem Method assigns a daily rate to your suffering and multiplies it by the number of days you experience pain. While these methods provide a guideline, insurance companies and courts consider factors like injury severity, emotional distress, and long-term impact when determining compensation. Because these damages are subjective, having strong medical documentation and legal representation can significantly affect the final amount you receive.

Key Takeaways

• Pain and suffering refers to both physical discomfort and emotional distress caused by an injury.
• Pain and suffering in Texas is calculated using 2 primary methods: the Multiplier Method and the Per Diem Method. The final amount is usually negotiated between parties or decided by a jury in court.
• Insurance companies often use internal algorithms and past claim data to calculate pain and suffering, typically offering low initial settlements to minimize payouts.
• Injury victims can sue for pain and suffering in a personal injury lawsuit, and proving pain and suffering requires strong evidence.
• Hiring a personal injury attorney can significantly improve the chances of receiving full compensation.

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What Is Pain and Suffering?

In personal injury law, pain and suffering refers to the physical discomfort and emotional hardship caused by an injury. This type of damage is classified as non-economic because it does not have an exact financial cost like medical bills or lost wages. Instead, it reflects the overall impact the injury has on a person’s quality of life, mental health, and daily activities.

Types of Pain and Suffering Damages

Some of the most common types of pain and suffering damages that may be awarded include:

• Physical pain: Chronic pain, nerve damage, fractures, burns, and long-term discomfort.
• Emotional distress: Anxiety, depression, PTSD, and other psychological conditions.
• Loss of enjoyment of life: Inability to engage in hobbies, exercise, or daily activities.
• Disfigurement or disability: Scarring, amputations, or permanent impairments.
• Loss of consortium: Impact on relationships with a spouse or family members.

How Do You Calculate Pain and Suffering in Texas?

Unlike economic damages, which have clearly defined monetary values such as medical bills, lost wages, and property damage, pain and suffering damages are subjective and more difficult to quantify. Because there is no universal formula for calculating these damages, courts and insurance companies rely on established methods to estimate compensation based on the severity of your injury and its impact on your life.

The 2 most widely used approaches to determine pain and suffering damages in Texas are the Multiplier Method and the Per Diem Method. Each of these methods takes a different approach to valuation, and the final amount awarded often depends on negotiation, evidence, and legal representation.

The Multiplier Method

The Multiplier Method applies a multiplier (typically between 1.5 and 5) to the total amount of economic damages (such as medical expenses and lost wages). The multiplier chosen depends on several factors, including the severity of the injury, the length of recovery, and its overall impact on daily life.

Example Calculation:

Factors That Influence the Multiplier:

• The severity of injuries: A fractured wrist might have a multiplier of 1.5, while a spinal cord injury could justify a multiplier of 4 or 5.
• The length of recovery time: If you recover within a few weeks, the multiplier may be lower, whereas long-term suffering may increase the multiplier.
• Permanent disability or disfigurement: If the injury leads to lifelong pain, disability, or scarring, a higher multiplier is likely applied.
• Impact on daily life and work: If the injury prevents you from working, driving, or performing normal activities, the multiplier will be increased accordingly.
• Emotional distress: If you suffer from PTSD, depression, or anxiety as a direct result of the injury, this may also increase the multiplier.

While the Multiplier Method is widely used, insurance companies often argue for a lower multiplier to minimize payouts. Having legal representation can help counter these tactics and ensure you pursue fair compensation.

The Per Diem Method

The Per Diem Method calculates pain and suffering by assigning a daily rate to the victim’s suffering and multiplying it by the number of days they are expected to endure pain. The daily rate is often based on the injured person’s average daily earnings to reflect the hardship caused by the injury.

Example Calculation:

How the Daily Rate Is Determined:

• Average daily wage: Courts may use the victim’s salary or hourly wage to estimate a reasonable daily rate.
• Medical testimony: A doctor’s opinion on the expected duration of pain and suffering can impact the number of days counted in the calculation.
• Nature of the injury: Severe, long-term conditions may extend the number of eligible days, increasing compensation.

While this method provides a structured approach, it is less commonly used than the Multiplier Method, as insurance companies may dispute how long the victim will suffer or argue that the daily rate is excessive.

How Do Insurance Companies Calculate Pain and Suffering​?

Insurance companies often have their own internal algorithms to calculate pain and suffering damages. These systems rely on past claim data, injury severity, and policy limits to minimize payouts.

• Many insurers use computer programs to calculate pain and suffering based on historical claim data rather than the victim’s actual suffering.
• They frequently lowball initial offers, expecting claimants to accept less than they may deserve.
• Insurers may downplay emotional distress and dispute the length of recovery to reduce the compensation amount.

Since insurance companies are not obligated to use the Multiplier or Per Diem Methods, victims often need an experienced personal injury attorney to help negotiate a fair settlement.

Can I Sue for Pain and Suffering in Texas?

Yes, you can sue for pain and suffering in a personal injury lawsuit, including cases involving:

• Car accidents
• Slip and falls
• Medical malpractice
• Workplace injuries
• Defective products

However, Texas follows a modified comparative negligence rule, meaning if you are 51% or more at fault, you cannot recover damages. If you are considering filing a personal injury lawsuit for pain and suffering damages or if you’re unsure about your legal options, consulting with an attorney can help you understand your rights and take the necessary steps to protect your claim.

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How to Prove Pain and Suffering in a Personal Injury Case

To secure pain and suffering damages, you must provide evidence that demonstrates your physical and emotional suffering. Key evidence that can strengthen your claim includes:

• Medical records documenting pain levels and ongoing treatment.
• Psychological evaluations showing anxiety, PTSD, or depression.
• A personal journal detailing daily pain and emotional struggles.
• Statements from family and friends about changes in the victim’s lifestyle.
• Photos/videos of injuries and daily struggles.
• Expert testimony from medical professionals.

A lawyer can help gather critical evidence, work with medical experts to substantiate your claim, and negotiate aggressively with insurance companies to help ensure you receive the maximum compensation available.

Frequently Asked Questions

How a Lawyer Can Help You Recover Pain and Suffering Damages

Negotiating for pain and suffering damages can be challenging, especially when dealing with insurance companies that aim to minimize payouts. An experienced personal injury lawyer, like those at Braker White, understands the strategies insurance adjusters use to undervalue claims and can help you build a strong case for maximum compensation.

Here’s how a skilled attorney can increase your chances of recovering the full value of your pain and suffering damages:

• Accurate Case Valuation: A lawyer will assess the full extent of your injuries, medical expenses, lost wages, and long-term suffering to determine a fair compensation amount.
• Proving Non-Economic Damages: Insurance companies often dispute emotional distress and chronic pain because these damages are harder to quantify. An attorney can present medical records, psychological evaluations, and expert testimony to help prove the full impact of your injuries.
• Negotiating with Insurance Companies: Insurers typically lowball settlement offers, hoping claimants will accept less than they deserve. A lawyer will negotiate aggressively on your behalf and push for a fair settlement.
• Filing a Lawsuit if Necessary: If the insurance company refuses to offer a reasonable settlement, an attorney can take your case to court and fight for the compensation you may be entitled to.
• Handling Legal Deadlines & Paperwork: In Texas, there is a 2-year deadline to file personal injury claims. A lawyer will make sure all filings are completed on time and handle complex legal paperwork so you can focus on your recovery.

If you’ve suffered an injury due to someone else’s negligence, you shouldn’t have to fight for fair compensation alone. Insurance companies have teams of lawyers working to reduce your settlement—having a skilled personal injury attorney on your side levels the playing field.At Braker White, we have extensive experience handling personal injury claims in Odessa, Midland, and throughout Texas. We are committed to helping victims recover full and fair compensation for their pain and suffering. Contact us today for a free consultation, and let us help you fight for the justice you deserve.