If you have been injured in a car accident in the state of Texas, you may be able to pursue compensation not only for your economic losses such as medical bills and property damage, but also for intangible losses such as pain, suffering, and reduced quality of life. Aside from determining who is at fault for a collision, calculating non-economic damages for pain and suffering can be one of the most hotly debated and controversial aspect of a car accident claim.
How Do Insurance Companies Calculate Pain and Suffering Damages?
The term “pain and suffering” refers to the physical and emotional stress that you experience as a result of your injury. By their nature, non-economic losses such as these are difficult to quantify and may be challenging to define. As such, insurance companies will generally use your total amount of tangible economic expenses such as doctor visits, medications, physical therapy, and chiropractic care, as a baseline for determining how much you should be compensated for your pain and suffering.
Depending on how severe your injuries are, this your total medical expenses will then be multiplied by 2, 5, or even up to 10 as a means of calculating a starting number for pain and suffering damages. This number will then be added to your economic damages and will serve as a figure used in your final settlement negotiations.
It is important to note, however, that since Texas operates on a fault-based auto insurance system, you will only be able to recover damages for pain and suffering if you were not at fault for your accident. If it is determined that you were 51 percent or more to blame, your own insurance company will be responsible for the costs of your collision – which may affect your insurance rates or leave you responsible for expensive medical bills.
What If My Case Goes to Court?
In the event that you should be unable to come to an agreement with the involved insurance companies, your case may end up in court. Most lawsuits that are filed after a car accident include a claim or claims for negligence. In these instances, a jury will decide the level of fault attributed to each driver, decide who is entitled to receive damages, and how much each party is entitled to recover. This applies to any claims for pain and suffering that are included in the lawsuit. To maximize your potential recovery, it is important you collect as much evidence of your pain and suffering as you can, including documenting proof of missed work due to your pain, journaling difficulties and inconveniences that your injuries presented in your life, and medical reports.
Corpus Christi Car Accident Attorneys
If you have been injured in a motor vehicle accident, contact Brunkenhoefer, P.C Injury Attorneys today. Backed by over 70 years of combined personal injury experience, our award-winning Corpus Christi car accident lawyers have recovered millions on behalf of past clients and can help you fight for every penny’s worth of your entitled compensation.
Get in touch with us online or call (855) 812-1100 today to get started.