How is pain and suffering calculated?
Clients often wonder how courts calculate pain and suffering. With damages such as medical expenses, you have bills to show how much you have lost as a result of your injury. With pain and suffering, on the other hand, the court will have to take into account a variety of factors to place a dollar value on your losses.
The court starts by examining your injuries. It will consider issues such as how serious the injury is, how long it will take you to fully recover and what was involved in the treatment process. For example, you will receive more money if your recovery takes years rather than months or if you had to undergo a particularly painful treatment.
Next the court will consider how the injury has affected your life. Are you able to perform normal day-to-day activities such as dressing yourself, preparing meals and cleaning your house? The court will also consider the extent to which you injury has affected your ability to enjoy your life. For instance, can you participate in your favorite hobbies? Are you able to have relations with your spouse?
Then the court will consider the emotional aspects of your injury. Are you suffering mentally or emotionally as a result of the accident? For example, are you experiencing anxiety or depression because of the accident?
Last the court looks to the future and considers if and how the injury will continue to affect you for the rest of your life. For instance, do you have a permanent disability or a disfigurement? Will you continue to have to undergo medical treatment or rehabilitation?
There is no simple mathematical formula that courts use to calculate pain and suffering. As you can see, placing a dollar value on pain and suffering is a highly individualized process that takes into account many factors that are unique to you and your situation.
A qualified Texas personal injury attorney will be able to draw on their professional knowledge and experience with similar cases to estimate the likely amount you will receive for pain and suffering.
