Pain and Suffering Damages in Texas: What's the Law?

pain and suffering

If you were hurt in a Texas accident and you file a claim against the person (company, people, etc.) who caused it, you're entitled to different kinds of compensation. 

Texas courts most commonly award injured people money for: 

  • Medical expenses (both past, present and future)
  • Missed work days or loss of income
  • Property damage
  • "Pain and suffering"

But what does "pain and suffering" include? And how can you recover it? 

Pain and Suffering Defined

Pain and suffering is the mental and physical harm caused after an accident. It includes things like the pain of a broken bone, but also more abstract suffering like depression, the potential shortening of a life, embarrassment from scarring and anxiety. 

When you receive money for "pain and suffering" after an accident, it's meant to compensate you for the emotional and mental distress you were forced to endure. It's for people like Jordan, the 7-year-old boy who was attacked by a dog and even now, years later, is afraid to play outside. It's for people like Maggie, a college student who suffered serious scars on her arm and back that now make her extremely self-conscious. Or for people like Amy, a 34-year-old working mom who broke her leg in a car accident and was forced to miss all of her daughter's gymnastic meets. ​

While forms of compensation are based on clearly definable dollar amounts, a number of them are by definition intangible. Unfortunately, for this reason it's the most difficult money to recover in a claim. If you're looking to recover compensation for pain and suffering, I urge you to consult a personal injury attorney. The initial consultation should be free. 

How Much Is Your Pain and Suffering Worth?

How much evidence do you have? 

You need evidence that shows how the accident has caused you to suffer. If you have an attorney, they will do this for you, but if you're going it alone you'll need to think hard about how to best convey your position. You cannot simply just claim "this wreck caused me pain and suffering." You have to prove it. 

Auto insurance companies are notoriously tricky when it comes to paying claims. It's no surprise why, either. Depending on the at-fault motorist’s policy, insurance companies stand to lose as much as $100,000 per accident victim. Just like any company, insurance companies want to mitigate losses and increase profits, and they consider claims a loss. Insurance adjusters are always going to try to pay as little money as possible in compensation. 

Do you have a lawyer? 

Hiring a lawyer increases the value of your case, and that's before the lawyer actually works on your behalf. This all has to do with insurance adjusters. If you approach an insurance adjuster on your own, they might think they can give you a low offer to cover your pain and suffering and you - knowing no better - will accept. 

When you have a lawyer on your side, however, insurance adjusters don't bother with this tactic. They know that an experienced attorney will call them out for an unfair offer and will fight to win their client exactly what they deserve. 

"How Much Is My Specific Case Worth?"

It's a question I get a lot and there's no straightforward answer, but here are a few questions intended to help. Think about your answers carefully. Do you have strong answers? Do you have the evidence to back up your answers? 

  • What was the most painful moment during the accident or in the immediate aftermath?
  • Did any of the necessary medical treatment you received for your injuries cause you pain?
  • Do you still regularly experience pain as a result of your injuries?
  • Does your doctor expect this pain to remain in the long term?
  • Were any pre-existing medical conditions aggravated as a result of your accident injuries?
  • How has the trauma of being injured affected you?
  • What significant events did you missed out because you were injured?
  • How will your injuries affect your quality of life going forwards?
  • Does your current pain level prevent you from doing things you would normally have had no problem with before the accident?
  • Are you uncomfortable or afraid to put yourself into certain situations following your accident?

The stronger your answers to these questions, the more money your case is worth.

How the Seriousness of Pain and Suffering Affects a Settlement Amount

Pain and suffering can be difficult to measure when it comes to car accidents. Pain and suffering be a significant part of the demand, especially considering the type of injury that the victim withstood. For example, an injured car wreck victim who received lower back pain might have been forced to miss valuable time with their family, such the birthday of a child or a vacation while they received physical therapy to recover. This would be considered pain and suffering. On the other hand, there may be an injured car wreck victim whose arm was amputated as a result of the accident. The amputee might have been in the hospital for several weeks, missed significant hours of work, and their ability to work in the future might be affected. This is also pain and suffering, but at a much larger scale. For this reason, one car wreck case can hold distinctively different measures of pain and suffering than another car wreck case. Pain and suffering is an important component of the settlement process that is carefully met by the experienced attorneys at the Anderson Law Firm.

From Our Victories: $312,500 Awarded to Airport Accident Victim

What happens when someone is accidentally injured by a company’s employee? More interestingly, what happens when the injury took place in an international airport? This was the case for our client Patricia, who was on her way to a flight when she was injured by an airport employee.

An Airport Accident

Patricia was in one of the terminals in a nearby airport. As she made her way to a connecting flight, an employee struck Patricia with an electric trolley, causing her to fall to the ground. And that’s not it, the employee didn’t even notice that Patricia was injured and continued onward. Patricia was rushed by ambulance to a nearby hospital where she complained of hip and groin pain. Doctors diagnosed Patricia with multiple fractures in the hip and groin area, which is something no one wants, especially right before going on a trip. When Patricia returned to her home state, Patricia received many physical therapy sessions and other medical treatments to address her injuries. After her medical treatment was finished, Patricia’s medical bills exceeded $80,000. This, of course, is without mentioning the pain and suffering that Patricia experienced.

Patricia, a recent widow, lived by herself. This meant that other family members had to help care for her injuries daily at her house. Also, Patricia planned on making trips to visit her brother in another state, and because of her injuries she was not able to do so. Patricia’s grandchild had her first child, who Patricia was unable to pick up because of her pain. Not being able to pick up a first great-grandchild is something that made Patricia very sad. Even everyday tasks such as going to the grocery store had to be altered; she now had to use an electric cart to get even the simplest of things.

Case Summary

When Patricia brought her case to us, we ensured her that we would take care of her in every step of the way, which is exactly what we did. Patricia was able to get the medical treatment she needed, and the best part: she did not have to pay for it out-of-pocket. Our attorneys fought the insurance company until they had a settlement offer that Patricia deserved. The Anderson Law Firm won $312,500 for Patricia’s settlement. Through this settlement, all medical bills, pain and suffering, and damages were completely covered. If you want award-winning attorneys to represent you, look no further. Contact the Anderson Law Firm today to schedule your free, no-obligation consultation.

Net settlement to client after expenses: $206,532.69

More Pain and Suffering Case Results:

Who Needs to Hire a Pain and Suffering Lawyer? 

If you've never hired a lawyer before, you might be wondering, "What will an attorney do for me? Do I even need one?" You will benefit from hiring a lawyer if you: 

  • Were hurt in an accident caused by another driver
  • Don't have health insurance after a wreck and can't afford to get treatment
  • Have never handled a claim before and feel confused about what to do next
  • Tried handling the claim on your own but encountered trouble with the insurance adjuster
  • Received an unfair settlement offer from the insurance company
  • Want a professional to ensure you win everything you deserve to cover the cost of your accident

If you were in an accident that wasn't your fault and suffered injuries as a result, you will benefit from having a personal injury attorney handling your case. The reason is simple. After a wreck, you're going to have to convince the other driver's insurance company to pay you the money you deserve for your medical bills, damaged car, and pain and suffering. However, insurance adjusters are trained to pay you as little money as possible. It's how insurance companies make money.

Having a lawyer on your side evens the playing field. Here at the Anderson Law Firm, we have over 25 years of experience winning money for hurt accident victims in the Dallas-Fort Worth metroplex. We know exactly how to set up your case, and we handle everything for you. 

pain and suffering attorneyWhat Our Personal Injury Firm Can Do For You

When accident victims come to us, it's often out of frustration with the insurance company. No one ever tells you how hard making a claim can be, especially when insurance adjusters refuse to call you back or create unfair excuses to deny your claim. 

We'll Use Our Experience to Win You Pain and Suffering Compensation

Winning compensation for your pain and suffering is not easy. It's one of the most commonly denied kinds of claims, since it's difficult to prove your own pain and suffering, and therefore easy for insurance companies to claim that you don't deserve the money. But you do. If you were injured, you've suffered very real pain, and by law, you have a right to compensation for it. 

We Fight the Insurance Company So You Don't Have To 

Insurance adjusters might find it easy to brush you off, but they won't be able to ignore us. Sometimes simply having a lawyer on your side forces the insurance company to stop messing around - they know we won't let them get away with undervaluing your claim or playing around with your case. 

We Prove the Other Driver Was At Fault

This is a sticking point for many car accident victims. You might know that the other driver caused your accident, but how can you prove it? We have over 40 years combined experience building cases and proving negligence. We know exactly what to look for, who to call and how to handle your case in the right way.

We Immediately Investigate Your Accident

If we're going to convince the insurance company to pay you full compensation, words alone are not enough - we'll need to prove that someone else caused your car accident, and that your car accident caused your injuries. For this reason, quick and thorough car accident investigations are crucial, which is why we make yours a priority. Since evidence like skid marks, debris, vehicle damage, video camera recordings and injuries tend to diminish and disappear fairly quickly, we understand the importance of fast action.

We Fight to Win You the Compensation You Deserve

If you've been in a car accident that wasn't your fault, you shouldn't have to pay the price. Under Texas law, you're entitled to compensation for your medical bills, missed work days, pain and suffering. The Anderson Law Firm can help you get it. 

fort worth car accident attorneyHow Does It Work? 

Schedule Your Free Consultation

First, you'll schedule your free consultation with our firm. When you come to our office, we'll listen to your story and get all the facts of the case, then form a plan to get you the medical care you need. From there, we'll gather evidence to build your case against the other driver and start our battle to win you everything you deserve to cover the cost of the accident. 

You Pay Zero Upfront Costs

If you choose to hire our firm, there are no costs upfront. Instead, we work on a contingency basis, meaning we take a percentage of the money we win for you once you're satisfied with the results and your case is complete. 

We Set You Up with Doctors

Even if you don't have health insurance, you shouldn't be left to suffer. We work with a network of doctors we trust who can get you the care you need now, and defer payment until later (after we've won your case and the money needed to pay these bills). 

We Handle Everything, Giving You Updates Along the Way

You'll be assigned a case manager who is there to answer questions every step of the way. As your case progresses, we'll keep you updated on its status and check in with you to see how you're healing, but we handle all the paperwork, evidence-gathering and negotiations. Your only job is to get better. 

Once You're Healed, We Fight the Insurance Company

After you're fully recovered from the accident, we'll gather all your medical bills, photo documentation, police reports and other evidence and bring it to the insurance company to demand a fair settlement. Attorney Mark Anderson has over 25 years of experience negotiating with insurance adjusters, and he won't let an adjuster lowball us. If at the end of negotiations we still don't believe the insurance company is offering you fair compensation, we'll file a lawsuit. 

Filing a Lawsuit

In addition to our attorneys, we have a full litigation team trained to bring your case to court. We've won millions of dollars for our clients over the years, and we are confidant in our ability to bring justice to hurt accident victims. 

Why Trust the Anderson Law Firm?

The Anderson Law Firm's founder Mark Anderson is one of the most recognized attorneys in our area. Most notably, Mark was named a Top Attorney by Fort Worth Magazine, and recognized as a 2016 Super Lawyer by Thompson Reuters. He is rated A+ by the Better Business Bureau and is ranked in the top one percent of practicing attorneys in the United States, according to the National Association of Distinguished Counsel. ​

Read More About Mark

Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas