What Qualifies as Pain and Suffering Damages in Texas?

 Posted on September 19, 2023 in Personal Injury

If you experience an injury in an accident caused by someone else’s negligence in Texas, you can claim pain and suffering as part of your injury damages. But what exactly constitutes pain and suffering under Texas law? This blog post will go over that, as well as how a Texas lawyer can help.

Defining Pain and Suffering

“Pain and suffering” refers to physical discomfort, distress, and hardship from an injury. It encompasses physical pain and negative emotional impacts like mental anguish, anxiety, humiliation, and distress.

Physical Pain

Aching, throbbing, stiffness, soreness, stabbing, and shooting pains all fall under physical pain. The type and severity of physical pain depends on the injury. More serious injuries typically sustain longer-lasting pain.

Mental Anguish

Mental anguish includes emotional responses like grief, sadness, fear, depression, agitation, and embarrassment from the injury. Disfigurement, disabilities, and loss of enjoyment often cause mental anguish.

Loss of Enjoyment

Damages account for the loss of enjoyment of life, including normal activities, hobbies, and quality time with loved ones that an injury denies. Even temporary impairments qualify.

Disfigurement

If injuries leave permanent scarring or disfigurement, additional pain and suffering damages can compensate for the associated distress and stigma victims experience.

Disabilities

Partial or full disabilities limiting normal physical abilities and independence often produce frustration, anger, and distress, qualifying as pain and suffering.

Proving Pain and Suffering

Courts determine pain and suffering damages based on testimony and evidence demonstrating:

• Type and extent of physical injury

• Objective medical facts like treatments received

• Subject testimony on impacts experienced

A personal injury attorney will retain medical experts, document injuries and disabilities, meet with doctors to fully understand prognosis and limitations, and work closely with you to show pain and suffering impacts through demand letters, settlement negotiations, and trial testimony if required.

The more evidence you can provide, the better. Thorough documentation is important to show you were not at fault.

Statute of Limitations

In Texas, you have two years from the date of the injury under Civil Practice and Remedies Code Sec. 16.003. This deadline applies to pain and suffering damages. It is vital to work with an attorney urgently to begin the claims process and collect evidence before time expires.

Contact an El Paso, TX Personal Injury Lawyer

When you experience an injury, it can be an overwhelming experience. You have to deal with the injury itself, plus the legal side of the situation. With an El Paso, TX, personal injury attorney to help you along the way. Call Cal Mundell Law Firm, PLLC at 915-250-0700 for a free consultation.