How do Texas Courts Define “Pain and Suffering”?

Originally published by Herrman & Herrman, P.L.L.C..

In many personal injury or negligence cases, the party that has incurred a personal injury is eligible to recover financial damages from what is known as “pain and suffering” as a result of their injury or injuries. This is typically classified as “non-economic damage” as opposed to economic damage. Pain and suffering, along with medical expenses and lost wages as a result of your injury, are other expenses that may be recovered after your personal injury event, with the help of a personal injury attorney. However, if you intend to fight for and win back expenses associated with pain and suffering, you must first understand how the courts in your area define “pain and suffering.”

What Constitutes “Pain and Suffering” in Texas?

In Texas, “pain and suffering” is often defined, legally, by including physical pain, anguish, and emotional effects. It could be specifically defined both physically and mentally with diagnoses, like the broken femur or post-traumatic stress disorder (PTSD). All of these conditions would fall into the classification of “pain and suffering” in Texas.

How do Courts in Texas Quantify Pain and Suffering?

It may seem difficult to understand how exactly one could go about quantifying the money owed for something like pain and suffering. The judge assigned to your case will examine the facts of your injury, including its severity medically, the amount of immediate pain it caused you as well as the lasting pain it will cause you, mental and emotional trauma as a result of the incident, and whether the pain and suffering impacts your everyday life.

When Should I Speak to a Lawyer?

Whenever you are trying to recover damages related to pain and suffering, it is always best to speak to a reputable and experienced personal injury lawyer in your area. A good personal injury attorney on your side means that it will be far easier to fight for the compensation you deserve for your pain and suffering.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless and you can rely on us to pursue full compensation for you.

• You can trust our attorneys to be compassionate and professional.
• We will fight hard to obtain a fair settlement for you.
• Our firm represents the injured and families who have lost a loved one due to the negligent acts of others.
• We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, and pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
• We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.

 

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