Pain and suffering from injuries is a serious component of personal injury law. No client should ever have to endure the pains that they do. No money will ever make amends for the suffering they endure, but it is our duty as personal injury attorneys to advocate for their well-being. That certainly means securing the largest possible settlement or verdict for our clients. Continue reading to better understand this nuanced area of personal injury law.

On this Page:

  • Defining pain and suffering
  • Calculating pain and suffering
  • Proving pain and suffering
  • Can Texas damage caps affect pain and suffering claims?

Jason McMinn says the settlement shows how much the community of Georgetown values safety in their back yards.

In this $110,000 settlement, attorney’s fees were $44,000.

Texas is a “one bite rule” state. Find out more about the “one bite rule.”

Calculating pain and suffering in a car accident case

Economic damages play a large role in determining pain and suffering claims in car accident cases. The costs incurred while receiving medical care, chiropractic visits, any surgery or rehab will be the baseline for determining how much to receive in non-economic damages.

The insurance adjuster will take the sum of your medical expenses and multiply that number by 2, or more (possibly as high as 10) depending upon the anguish caused by the injuries. This number, added to your economic damages will be the point at which negotiations for your car accident injury case can begin.

Get a personalized quote pain and suffering estimate today. Call personal injury lawyers at McMinn Law Firm.

The pain from a personal injury case can be life changing and immobilizing. Regaining a sense of enjoyment is something that cannot be seen and only felt. A victim of a serious car or truck accident may have feelings that non-economic damages are controversial.

If you are experiencing pain and suffering, you need an experienced personal injury lawyer on your side. Pain and suffering are serious and important parts of many personal injury cases. Because the damages cannot be seen, and they are not easy to define, an experienced personal injury lawyer is needed to demonstrate during litigation how serious the pain and suffering is to their client.

What is “pain and suffering” in a personal injury case?

Pain and suffering can play an important part in a personal injury case, however it can be difficult to define. Sometimes it is known as “general damage.”

Some examples of pain and suffering may include an amateur soccer player’s loss of ability to play the game they love, or a fiancé who’s relationship has been damaged by serious pain and discomfort.

These examples fall under two types of personal pain:

1. pain and suffering

Injuries can be extremely painful. And they may continue to be painful for a long time. Physical pain and suffering refers to the plaintiff’s pain and discomfort at the time of the lawsuit as well as an evaluation of the predicted future suffering of the plaintiff.

2. Mental pain and suffering

Mental pain may also be called “mental anguish” in a personal injury case. A person who is experiencing mental anguish may be unable to return to work even after the injuries have healed. A person’s depression because of an accident can become part of their personal injury cases. That accident victim may seek compensation for therapy and loss of income.

Legal Aspects of Pain and Suffering

In Texas, victims of pain and suffering may see some damage caps on their pain and suffering. It is typically calculated according to the value of the economic damages.


What is “pain and suffering” in a personal injury case?

Pain and suffering can play an important part in a personal injury case, however it can be difficult to define. Sometimes it is known as “general damage.”

Some examples of pain and suffering may include an amateur soccer player’s loss of ability to play the game they love, or a fiancé who’s relationship has been damaged by serious pain and discomfort. These examples fall under two types of personal pain:

Physical pain and suffering

Injuries can be extremely painful. And they may continue to be painful for a long time. Physical pain and suffering refers to the plaintiff’s pain and discomfort at the time of the lawsuit as well as an evaluation of the predicted future suffering of the plaintiff.

Mental pain and suffering

Mental pain may also be called “mental anguish” in a personal injury case. A person who is experiencing mental anguish may be unable to return to work even after the injuries have healed. A person’s depression because of an accident can become part of their personal injury cases. That accident victim may seek compensation for therapy and loss of income.

Legal Aspects of Pain and Suffering

In Texas, victims of pain and suffering may see some damage caps on their pain and suffering. It is typically calculated according to the value of the economic damages.


How can your personal injury lawyer calculate pain and suffering in a personal injury case?

There are often two parts to calculating a personal injury case. Concrete damages such as those that cover something you might receive a receipt, bill, or statement for are known as “specials.” Specials damages cover the costs of medical care following the injury, lost wages, and future lost wages or medical care such as surgery. These items can be calculated with a realistic dollar amount based on markets or pay stubs.

There are often two parts to calculating a personal injury case. Concrete damages such as those that cover something you might receive a receipt, bill, or statement for are known as “specials.” Specials damages cover the costs of medical care following the injury, lost wages, and future lost wages or medical care such as surgery. These items can be calculated with a realistic dollar amount based on markets or pay stubs.