How much you might get for pain and suffering after a car accident in Texas depends on several factors. After the personal injury lawyers at D. Miller & Associates, PLLC, conduct a full investigation into your case, we can offer you an estimate for your pain and suffering. The amount you receive depends heavily on how the insurance company or the jury views your case. We can give you a possible range after our investigation, but your final settlement might change during the negotiation process.
We can help you understand what factors play a role in determining your pain and suffering damages, and how insurance companies come up with what they believe is a fair total for these non-economic losses. We offer free initial consultations, where we can discuss your case in more detail. Call 713-850-8600 for your free consultation.
How Much Is My Case Worth?
This is often one of the first questions we hear from our clients. Unfortunately, there is no way to know for sure. This is because every car accident case is different, and the payout depends on:
- Identifying all related injuries, losses and expenses, known as damages;
- Collecting documentation of these damages;
- Calculating the cost of your economic damages;
- Putting a value on your non-economic damages; and
- Negotiating a fair settlement with the insurance company or receiving an award from the court in a personal injury lawsuit.
After we complete our investigation, we can total the receipts and bills we collect to show you your economic losses. However, it is much more difficult to put a value on the non-economic damages. There are a number of ways we can calculate pain and suffering and other general damages, and this may vary based on the facts of your case. In general, you can expect pain and suffering to comprise a large portion of your total settlement.
Which Factors Can Increase My Pain and Suffering Damages?
The purpose of pain and suffering damages is to reimburse you for the emotional and psychological traumas you experienced because of the accident. Some of the factors that may increase your compensation include:
- Suffering and documented physical pain, or an injury is known to be painful;
- The length of your hospital stay, whether you required rehabilitation, and other factors related to your treatment;
- Whether you experienced emotional trauma because of permanent impairment or another serious injury; and
- If you are experiencing ongoing psychological effects, such as anxiety and depression.
The severity of your injury and whether you suffer from a disability or any lasting damage are essential for calculating pain and suffering damages. Even when an insurance company uses a computer to calculate your damages, it considers the nature and severity of your injuries.
For example, a person who suffers serious burns and has permanent scarring on their face and hands will generally receive significantly more in non-economic damages than an accident victim who suffers a broken arm that heals completely in a few months.
If your case goes to court, this effect may be even more dramatic. Instead of a computer making the call, the judge or jury will determine the amount of pain and suffering they believe you experienced based on the facts we present to them. We will attempt to present your case in a way that promotes empathy for your situation.
How Will a Lawyer Calculate My Pain and Suffering?
Today, most personal injury lawyers today use the same type of computer programs the insurance companies use to calculate pain and suffering. These programs utilize complex formulas, taking into consideration:
- The time you spent in the hospital;
- The severity of your injuries;
- The cost of your medical care;
- Your lasting impairments;
- The time you missed away from work; and
- A variety of other factors.
These programs allow us to come up with an estimated range for your non-economic damages.
How Do I Recover My Pain and Suffering Damages?
We typically send a demand letter to the insurance company outlining our case for a payout for your economic losses plus pain and suffering at the top end of this range. The insurance company, of course, wants to pay out as little as possible. Most insurers tend to respond with a counter-offer well below our range.
While we must reject this unfair offer, it allows us to begin settlement negotiations with the at-fault driver’s insurer. In most cases, we can reach an agreement that includes a fair amount for your pain and suffering damages. If the insurance company refuses, we are not afraid to litigate the case and ask the court to award you fair compensation. The Texas statute of limitations only gives us two years from the date of your car accident to file a lawsuit, so it is important you contact us quickly.
How Can I Talk to a Lawyer About My Crash?
D. Miller & Associates, PLLC, can help you fight for the economic and non-economic damages you deserve after a car accident. Call our office today at 713-850-8600 for a free case review and consultation.
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