Suing for Pain and Suffering After a Car Accident in Texas
When you’re injured by another driver, their insurance coverage should help you pay for your medical bills and any repairs to your vehicle. Unfortunately, those settlements may not give you enough money to adequately pay for the medical treatments you need to fully recover. In these instances, you may be able to sue the other driver for additional damages, including pain and suffering resulting from the accident. Here’s what your Dallas personal injury attorney wants you to know about pursuing damages for pain and suffering after a car accident.
What Is Pain and Suffering?
Pain and suffering refers to the physical and emotional pain you experience as a result of the car accident and the injuries you sustained. Depending on your case, you may be able to sue for damages related to pain and suffering. Keep in mind that these damages are considered non-economic damages, though you’ll receive money for pain and suffering if your case is successful.
Pain and suffering is only considered non-economic because it can’t be measured by bills. It’s subjective and depends on your individual circumstances. This is why it’s essential to work with an experienced Dallas personal injury attorney who can show the court how severe your suffering truly is.
Can You Sue for Other Damages as Well?
Making the decision to sue for pain and suffering doesn’t mean you can’t sue for other damages. The exact damages you’ll be able to sue for will depend on the details of your case. However, many individuals choose to push for economic damages as well. These damages can help cover costs like:
- Medical bills
- Lost wages
- Rehabilitation costs
- Vehicle and property repair costs
- Other out-of-pocket expenses
Again, the amount you’ll receive will depend on your case and the way your attorney represents you in court. If they can adequately show the court that your injuries were severe, the court will likely award you a larger settlement.
How Pain and Suffering Is Calculated in Texas
For most cases involving pain and suffering, you’ll need to use what’s called the multiplier method. This method estimates your total economic damages like your car repair costs, medical bills, and other similar expenses resulting from the accident. Then, the court will rate the severity of your pain and suffering on a scale of 1.5 to 5 with 5 being the most severe.
To determine the multiplier, the court typically considers the severity of your injuries, the projected duration of your recovery, and other similar factors. If your pain and suffering is severe, you can expect a higher multiplier. And that higher multiplier means you’ll likely receive a larger settlement.
How to Ensure Your Case Is as Strong as Possible
The key to successfully winning damages for pain and suffering lies in making your case as strong as possible. Keep these tips in mind:
- Seek medical attention. Going to the doctor after your car accident can provide proof of the extent of your injuries and the suffering you’re experiencing. Don’t put off the appointment any longer than is absolutely necessary.
- Use caution when speaking with insurance companies. Insurance providers may use anything you say to dismiss your pain and suffering. Be careful when talking to them and avoid making statements that may make your injuries seem less severe.
- Work with a Dallas personal injury attorney. Working with an attorney from the very beginning can help you compile the necessary evidence and set your case up for success. Choose an expert who is familiar with cases like yours and who can properly represent your interests.
Let The Law Office of Sandy McCorquodale, P.C. Help
If you’ve been injured in a car accident, you may be able to file a lawsuit against the other driver. Let the experienced personal injury lawyers at The Law Office of Sandy McCorquodale, P.C. represent your case. Contact us today to schedule a free consultation.