Texas Pain and Suffering Settlement Calculator
How Pain and Suffering is Calculated in Texas
Unlike economic damages, such as medical bills or lost wages, "pain and suffering" is considered a non-economic damage. In the state of Texas, there is no single statutory formula for determining the value of your physical pain and mental anguish. However, insurance adjusters and Texas juries typically use two primary methods to reach a figure.
1. The Multiplier Method
This is the most common approach used by insurance companies in Texas. They take the total of your "hard costs" (medical bills, therapy costs, lost wages) and multiply them by a number between 1.5 and 5. The multiplier depends on the severity of the accident, the degree of fault, and the clarity of the injury evidence.
2. The Per Diem Method
The "Per Diem" (per day) method assigns a specific dollar amount to every day you lived with pain from the date of the accident until you reached "Maximum Medical Improvement" (MMI). A common standard in Texas is to use your daily earnings rate as the per diem value.
Texas Damage Caps and Tort Reform
If you are filing a personal injury claim in Texas, it is crucial to understand Texas Civil Practice and Remedies Code Chapter 74. For most personal injury cases (like car accidents), there is no hard cap on pain and suffering damages. However, for Medical Malpractice cases, Texas law caps non-economic damages at $250,000 against a single physician or healthcare provider, and an overall cap of $500,000 if multiple institutions are involved.
Factors Influencing Your Texas Settlement
- Comparative Fault: Texas follows a "Modified Comparative Negligence" rule. If you are more than 50% responsible for the accident, you cannot recover any damages. If you are 20% at fault, your total award is reduced by 20%.
- Venue: Some counties in Texas (like Harris or Dallas) are known for different jury award trends than more rural counties.
- Evidence: Documenting your recovery through a "pain journal" and consistent medical records significantly increases the likelihood of a higher multiplier.
Example Calculation
If a resident of Austin, Texas, incurs $20,000 in medical bills and $5,000 in lost wages after a car accident, their total economic damages are $25,000. If the injury was moderate (multiplier of 3), the pain and suffering estimate would be $75,000 ($25,000 x 3), making the total settlement estimate $100,000.