Personal injuries are everywhere you look: people getting injured on the job, medical mistakes made that result in harm, car accidents that result in debilitating injuries, etc. However, discussing “damages” (or compensation) from a personal injury lawsuit can sometimes be confusing because there are several different types of damages that people can seek.
One of the most common types of damages sought are for pain and suffering, which are non-economic damages linked to the emotional and physical stress caused by the injury, such as depression, loss of companionship, loss of consortium, and related harm.
Calculating Damages for Pain and Suffering
Unlike calculating medical costs related to physical injuries, for example, calculating damages related to pain and suffering can be a little more complicated because they are more difficult to measure under most circumstances. For example, how can you calculate what loss you will experience in the future as a result of losing your loved one, or the use of your leg, etc.?
In terms of how insurance companies calculate these kinds of damages, one way of looking at what could possibly be recovered by way of pain and suffering is to multiply the sum of your medical bills and lost wages by three; although, keep in mind that not all insurance companies take this approach. Sometimes, for example, the amount might be calculated by multiplying actual damages by two, four, or five, depending upon the severity of the circumstances.
Regardless, if negligence or intentional conduct has caused pain and suffering, the responsible party must address it in the form of compensation, as that is the only way that the law can provide you with some level of justice with respect to what happened to you.
Intentional Infliction of Emotional Distress in Texas
Texas also allows injured victims to sue for intentional infliction of emotional distress (another pain and suffering-related damage) for egregious conduct that could otherwise go unremedied. This usually covers behavior by the defendant which was intentional or reckless, extreme and outrageous, and which causes the plaintiff severe emotional distress. There is no cap on recovery of these types of damages in Texas, however, it can only be used where other causes of action do not already provide the plaintiff with adequate recovery.
Texas Personal Injury Attorneys
Our experienced Texas personal injury attorneys regularly provide the very best in legal services to clients who have been injured throughout Angleton, Houston, Pearland, and surrounding areas of Texas. Contact our offices today to find out how we can help you.