Posted on August 28, 2009 by Bryan Fears

How do courts calculate pain and suffering?

In a Texas personal injury lawsuit, one type of damages you may be awarded is compensation for your pain and suffering. Calculating the financial value of an accident victim’s pain and suffering is a challenge. Because there are no hard numbers to point to, such as with medical bills or lost wages, courts must instead weigh a variety of factors to come up with a big picture of how the victim has been affected by the accident.

Factors that a court considers when valuing a victim’s pain and suffering include:

·         The extent of the injury

·         How the injury has affected the victim’s ability to perform day-to-day activities

·         How the injury has affected the victim’s enjoyment of life

·         The length of the victim’s recovery time

·         What was involved in the treatment and recovery process

·         Whether any emotional trauma was suffered

·         The extent to which the injury is permanent or carries residual effects

·         The pain and suffering the victim will continue to experience in the future

Pain and suffering is a concept that is intangible and quite subjective. However, a Texas personal injury attorney can work from their experience and knowledge of past similar cases to provide you with a likely financial estimate of your pain and suffering.

If you are experience pain and suffering because of the injuries you incurred in an accident, contact Fears | Nachawati today for free legal advice. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

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Posted on July 9, 2009 by Bryan Fears

What is my claim worth? Damages in Texas personal injury lawsuits

Damages are the amount of money that is awarded to a successful plaintiff in a Texas personal injury lawsuit. In Texas, damages fall into one of two broad categories: economic and non-economic damages. Economic damages are much easier to calculate because they can be quantified through objective information such as the plaintiff’s medical bills and the value of personal property that was destroyed.

Economic damages include:

·        Past and future medical expenses

·        Lost wages, both present and future

·        Loss of earning capacity

·        Damage to personal property

·        Any other costs that are a direct result of an injury sustained in the car accident

·        Court costs

Non-economic damages are the more difficult of the two when it comes to assigning a value. Pain and suffering, for example, fall into the category of non-economic damages. In many Texas personal injury lawsuits, pain and suffering-related damages represent a significant amount of the overall award.

Under Texas law, non-economic damages in a personal injury lawsuit can include:

·        Physical pain and suffering

·        Mental anguish

·        Emotional suffering

·        Physical impairment

·        Disfigurement

·        Loss of enjoyment of life

·        Loss of consortium and companionship

·        Inconvenience

·        Injury to reputation

If you have been the victim of an accident, contact the law firm of Fears | Nachawati to find out what damages you may be entitled to. For a free consultation from a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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