Can I Recover Money for Pain and Suffering?

After an accident, victims often face more than just medical bills and lost wages. They deal with daily pain, emotional struggles, and the frustration of a disrupted life. While medical costs are easier to calculate, the question many accident victims ask is: “Can I recover money for pain and suffering?”

The answer is yes. In many personal injury cases, Texas law allows accident victims to seek compensation not only for economic losses like hospital bills and income, but also for the physical and emotional toll of their injuries. This type of compensation is commonly called “pain and suffering damages.”

In this blog, we’ll explain what pain and suffering means in legal terms, how it’s calculated, and what you need to know if you’ve been injured in Texas.

What Does “Pain and Suffering” Mean?

When the law refers to “pain and suffering,” it covers a wide range of physical and emotional hardships that don’t come with a clear price tag. Unlike a bill from a hospital or a receipt from a mechanic, these damages are intangible but very real.

Examples include:

Physical Pain: Ongoing aches, discomfort, or chronic pain caused by injuries.
Emotional Distress: Anxiety, depression, or post-traumatic stress following an accident.
Loss of Enjoyment of Life: No longer being able to enjoy hobbies, activities, or family time.
Disfigurement or Scarring: Permanent changes to appearance that affect confidence or quality of life.
Loss of Companionship: The strain serious injuries can place on relationships with loved ones.

In short, pain and suffering compensation is meant to acknowledge the human cost of an injury, beyond just the financial bills.

Economic vs. Non-Economic Damages

To understand pain and suffering, it helps to distinguish between the two main categories of damages in personal injury law:

Economic Damages
- Medical bills
- Rehabilitation costs
- Lost wages
- Property damage

These are straightforward, documented with bills, receipts, or pay stubs.

Non-Economic Damages
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life

These damages compensate for how your life has been changed, even though they’re not tied to a specific invoice.

Both types are important, and together they form the basis of a fair settlement or verdict.

Can I Recover Pain and Suffering Damages in Texas?

Yes, Texas law allows accident victims to recover damages for pain and suffering in most personal injury cases. However, the amount and availability depend on several factors:

Type of Case: Car accidents, truck accidents, slip and falls, and medical malpractice cases often include claims for pain and suffering.
Severity of Injury: The more serious and long-lasting your injuries, the greater the potential award for pain and suffering.
Evidence Provided: Because these damages are subjective, your attorney must present strong evidence (medical records, expert testimony, personal statements) to support your claim.
Comparative Negligence: Texas uses a “modified comparative negligence” rule. If you are found partially at fault for the accident, your damages—including pain and suffering—can be reduced by your percentage of fault.

How Is Pain and Suffering Calculated?

Unlike a hospital bill, there’s no exact formula for calculating pain and suffering. However, insurance companies and courts typically use a few common methods:

1. Multiplier Method

The most widely used approach.

Your actual economic damages (like medical bills) are added up.
That number is then multiplied by a factor (usually 1.5 to 5) depending on the severity of your injuries.
Example: $20,000 in medical bills × 3 = $60,000 for pain and suffering.

2. Per Diem Method

This method assigns a daily dollar amount to your pain and suffering, then multiplies it by the number of days you’ve experienced hardship.

Example: $150 per day × 180 days of recovery = $27,000.

3. Case-by-Case Approach

Sometimes, juries or judges rely on precedent, testimony, and expert opinion to decide what is fair, without applying a strict formula.

Key point: Insurance companies will often argue for the lowest multiplier or daily rate possible, while your attorney will present evidence for why a higher figure is justified.

Evidence That Strengthens a Pain and Suffering Claim

Because pain and suffering is subjective, proof matters. To increase the value of your claim, your attorney may use:

Medical Records: Documentation of diagnoses, treatments, and long-term prognosis.
Doctor Testimony: Expert opinions on how your injuries impact your daily life.
Mental Health Records: Evidence of counseling or therapy for trauma, anxiety, or depression.
Photos and Videos: Visual documentation of your injuries and recovery process.
Personal Journals: Notes about your daily pain levels, missed activities, or emotional struggles.
Witness Statements: Testimony from family, friends, or coworkers about changes they’ve observed in you.

The stronger the evidence, the harder it is for insurance companies to dismiss your suffering.

Are There Limits on Pain and Suffering Damages in Texas?

In most personal injury cases, there is no cap on pain and suffering damages in Texas. However, there are exceptions:

Medical Malpractice: Texas caps non-economic damages (including pain and suffering) at $250,000 against a doctor or healthcare provider, and $250,000 against a hospital, with a maximum of $500,000 total.
Government Liability Cases: If you’re suing a government entity (like for a crash involving a city vehicle), damages are capped depending on the entity involved.

Outside of these exceptions, juries and settlements can award significant amounts for pain and suffering, depending on the circumstances.

Why Insurance Companies Fight Pain and Suffering Claims

Insurance companies know that pain and suffering damages can significantly increase the value of a claim. That’s why they often try to:

Argue your injuries are “minor” or “temporary.”
Blame pre-existing conditions.
Downplay emotional or psychological struggles.
Pressure you to accept a quick, low settlement before you know the full impact of your injuries.

Without an attorney, many victims accept far less than they deserve—especially for pain and suffering.

How a Lawyer Helps Maximize Pain and Suffering Damages

An experienced personal injury lawyer plays a key role in proving and maximizing pain and suffering compensation by:

Gathering and presenting compelling evidence.
Working with medical and psychological experts.
Telling your story clearly to insurance adjusters, judges, or juries.
Negotiating aggressively to secure a fair settlement.
Taking your case to trial if necessary.

At Scott Callahan & Associates, we believe every client deserves to be treated with dignity and respect—and that includes fighting for recognition of the very real pain they’ve endured.

Let a board-certified personal injury lawyer help.

So, can you recover money for pain and suffering after an accident? Yes. Texas law allows victims to pursue compensation for the physical and emotional hardships caused by someone else’s negligence.

While these damages are harder to measure than medical bills or lost wages, they are just as important—if not more so—because they reflect the true cost of how your life has changed.

If you’ve been injured, don’t let an insurance company tell you what your suffering is worth. Work with an experienced personal injury attorney who can fight for the full and fair compensation you deserve.

Call Scott Callahan & Associates today for a free consultation at 713-888-9000. Let us protect your rights so you can focus on healing.