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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.
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:
In short, pain and suffering compensation is meant to acknowledge the human cost of an injury, beyond just the financial bills.
To understand pain and suffering, it helps to distinguish between the two main categories of damages in personal injury law:
These are straightforward, documented with bills, receipts, or pay stubs.
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.
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:
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:
The most widely used approach.
This method assigns a daily dollar amount to your pain and suffering, then multiplies it by the number of days you’ve experienced hardship.
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.
Because pain and suffering is subjective, proof matters. To increase the value of your claim, your attorney may use:
The stronger the evidence, the harder it is for insurance companies to dismiss your suffering.
In most personal injury cases, there is no cap on pain and suffering damages in Texas. However, there are exceptions:
Outside of these exceptions, juries and settlements can award significant amounts for pain and suffering, depending on the circumstances.
Insurance companies know that pain and suffering damages can significantly increase the value of a claim. That’s why they often try to:
Without an attorney, many victims accept far less than they deserve—especially for pain and suffering.
An experienced personal injury lawyer plays a key role in proving and maximizing pain and suffering compensation by:
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.
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.
If you or a loved one has been diagnosed with Complex Regional Pain Syndrome (CRPS) following a car wreck or other injury, you may be wondering how much compensation you could be entitled to in your claim. CRPS is a chronic pain condition that often arises after an injury or trauma, causing intense, long-lasting pain, swelling, changes in skin color, and loss of function in the affected limb. Because CRPS can be debilitating, it’s important to understand how compensation is calculated in personal injury cases involving this condition.
In this blog, we’ll explore the factors that influence compensation for CRPS, the types of damages you may be able to recover, and how a skilled personal injury lawyer can help you maximize your settlement or verdict.
CRPS is a condition that usually occurs after an injury, such as a fracture, surgery, or trauma. The pain associated with CRPS is often disproportionate to the injury itself, and it can lead to a range of debilitating symptoms, including:
In severe cases, CRPS can lead to permanent disability, significantly affecting the quality of life, ability to work, and ability to perform everyday tasks. This can be especially challenging as the condition often has no definitive cure, meaning individuals may face long-term pain management and ongoing treatment.
The compensation you may receive for CRPS in a personal injury claim can vary based on the specifics of your case, including the severity of your condition, the impact on your life, and how the injury occurred. However, there are several key categories of damages you could be entitled to.
If you’re diagnosed with CRPS following an injury, you’ll likely face significant medical expenses. These can include:
In a personal injury lawsuit, you can seek compensation for past and future medical expenses related to your CRPS diagnosis and treatment. This includes not just the costs you’ve already incurred, but also anticipated future costs if your condition requires ongoing treatment or if you suffer permanent disability.
CRPS can have a profound impact on your ability to work, particularly if the condition limits your mobility or requires significant time off for medical treatment. If your ability to work has been impaired, you may be entitled to compensation for:
The more severe and long-lasting your CRPS, the greater the potential impact on your future earnings, which can be factored into your settlement or jury verdict.
Pain and suffering refers to the physical pain, emotional distress, and reduced quality of life that you experience as a result of your CRPS. This is often the most subjective form of compensation and can be difficult to quantify. However, personal injury lawyers rely on expert testimony, medical records, and other evidence to demonstrate the extent of the pain and suffering.
Factors that may affect your pain and suffering award include:
The longer the duration and more severe the pain, the higher the potential award for pain and suffering.
Dealing with chronic pain from CRPS can take a significant emotional toll, leading to conditions such as:
In cases where CRPS leads to emotional distress, you may be entitled to damages for the psychological impact of living with the condition. Emotional distress damages can be added to your pain and suffering compensation and may be awarded based on the severity of your mental health symptoms.
If CRPS has affected your relationship with your spouse or family members—whether due to your inability to engage in activities together, a reduction in intimacy, or your emotional distress—you may be eligible for loss of consortium damages. This category compensates your spouse or family members for the negative impact on their relationship with you as a result of the injury.
While every CRPS case is unique, several factors can influence how much compensation you may be awarded:
The more severe and disabling your condition, the higher your compensation is likely to be. For example, if you suffer permanent impairment or are unable to return to work, you may be entitled to a larger settlement.
The strength of the evidence supporting your claim will play a critical role in determining how much compensation you can receive. Strong medical records, expert testimony, and a well-documented history of the injury and its effects on your life will help establish the extent of your damages.
If your CRPS resulted from someone else’s negligence or wrongdoing (e.g., a car accident, slip and fall, medical malpractice), you may be entitled to a larger settlement or verdict. Cases involving gross negligence or particularly egregious actions may result in higher punitive damages, although these are less common.
The location of your case and the skill of your personal injury lawyer can impact your compensation. Different states have different laws regarding compensation caps, insurance policies, and what types of damages are available. A skilled lawyer with experience handling CRPS cases will know how to navigate these complexities and fight for the best possible outcome.
Given the complexity of CRPS and the significant impact it can have on your life, it’s crucial to have a skilled personal injury lawyer by your side. A lawyer experienced with CRPS cases can help you:
Attorney Scott Callahan has the experience necessary to successfully maximize CRPS claims and win the compensation you deserve. The firm is available 24/7 at 713-888-9000 to give a free legal consultation to evaluate your case.
When someone is injured due to an accident, the physical and financial impacts are often the focus of legal action. However, in many cases, the emotional and relational toll on family members, particularly spouses, is just as significant. This is where a loss of consortium claim comes into play.
But what exactly is a loss of consortium claim, and how can it affect a personal injury case? In this blog, we’ll explore what loss of consortium is, who can file such a claim, and how it factors into a personal injury lawsuit.
Loss of consortium is a legal term used to describe the deprivation of the benefits of a relationship due to an injury or wrongful act. Typically, this claim arises in the context of a spouse or partner who has been seriously injured and is no longer able to engage in the same level of physical, emotional, or intimate connection with their significant other.
In simple terms, a loss of consortium claim compensates a family member—usually a spouse or partner—for the negative impact the injury has had on their relationship with the injured person. The loss may be physical, emotional, or even sexual in nature. It can be any kind of relationship loss as a result of the injury.
Loss of consortium can involve several aspects of the relationship that have been disrupted or impaired by the injury. These typically include:
The injured party may no longer be able to participate in activities, hobbies, or social events they once shared with their spouse or family. This loss can cause emotional distress and lead to a significant change in the family dynamic.
In some cases, an injury may affect the ability to share physical affection—hugging, kissing, holding hands—which is a key part of a romantic relationship.
Injuries can lead to physical limitations that affect a couple’s sexual relationship. This is often a critical part of a loss of consortium claim, especially if the injury has caused a permanent inability to engage in sexual activity.
Many spouses or partners provide emotional, physical, and even financial support to one another. If one partner becomes injured and requires extensive care, the other spouse may lose the ability to provide or receive the same level of support they once had.
If the injured spouse can no longer perform everyday tasks, such as household chores or childcare, the non-injured spouse may be forced to pick up those responsibilities or pay for outside help. This may also be a factor in a loss of consortium claim.
While loss of consortium claims are most commonly filed by the spouse of the injured party, in some cases, other family members might be eligible to file as well, depending on the circumstances and the jurisdiction.
The most common plaintiff in a loss of consortium claim is the spouse or domestic partner of the injured person. As the primary person affected by the injury to their partner, they are typically entitled to seek compensation for the emotional, physical, and relational damage that the injury has caused.
In some cases, especially when a person is seriously injured or killed, children or parents may file a loss of consortium claim. For example, if a parent is seriously injured and no longer able to provide care, affection, or financial support to their children, the children may be entitled to compensation. This is less common but can be pursued in certain circumstances.
To win a loss of consortium claim, the plaintiff (spouse, partner, or sometimes children) must prove several key elements. These elements will vary depending on the jurisdiction, but in general, the following must be established:
The injured party must have a valid personal injury claim. In other words, a loss of consortium claim is only applicable if there is already an injury claim in place, and the injury was caused by the negligence or wrongful actions of another party (e.g., in a car accident, slip and fall, or medical malpractice case).
The plaintiff must demonstrate that the relationship has been significantly impacted by the injury. This involves proving that the injured person’s condition has caused a decrease in companionship, affection, intimacy, or support.
It must be shown that the injury is serious enough to warrant a loss of consortium claim. This often includes medical evidence detailing the injury’s effects, as well as testimony from the injured party and the plaintiff about how the injury has affected their relationship.
To strengthen a loss of consortium claim, the plaintiff may need to show that the impact on the relationship is not temporary but is expected to continue for a long period of time or be permanent. For example, if the injured person is expected to live with permanent disability, the loss of consortium claim may involve a larger compensation amount.
The compensation for a loss of consortium claim can be more difficult to quantify than other types of damages, such as medical bills or lost wages. Since the loss is emotional and relational, courts or insurance companies often rely on subjective criteria to determine how much compensation is appropriate.
Some of the factors that may influence the value of a loss of consortium claim include:
Unlike other personal injury claims, loss of consortium claims do not typically involve economic losses, like medical expenses or lost wages. Instead, they focus on the non-economic aspects of the injury, such as emotional pain and the inability to engage in a normal family life.
In wrongful death cases, where the injured person dies as a result of their injury, the surviving spouse or family members can file a loss of consortium claim for the loss of love, care, support, and companionship of the deceased. This type of claim may also be filed in cases where the injured person has suffered a catastrophic injury that significantly alters their ability to interact with their family.
Loss of consortium claims are complicated, as they require proving how an injury has affected relationships, which is inherently emotional and subjective. A personal injury lawyer can help:
Scott Callahan is board-certified in personal injury law, having seen thousands of these types of claims in his 25 plus years of practice. Give the firm a call today at 713-888-9000 if you believe your injury is affecting your valued relationships.
