In the state of Texas, your car accident compensation will be directly related to the amount of damage you sustained. For example, if your car accident injury resulted in $5,000 in medical bills, then you would be entitled to a corresponding $5,000 in compensation. Putting a monetary value on a hospital bill is easy. But, valuing an intangible concept, such as pain and suffering, becomes much more difficult. Your pain and suffering still deserves full and fair compensation though. If you have experienced pain and suffering stemming from a Texas vehicle accident, please contact an experienced San Antonio car accident lawyer for help.
Determining Pain and Suffering Damages
Your pain and suffering could be physical, mental or emotional. All three forms are entitled to compensation. Under Texas law, pain and suffering falls under the category of ‘noneconomic damages.’ There is not a clear mathematical formula for computing noneconomic damages that will apply to every case. By nature, noneconomic damages are difficult to put a precise number on. Therefore, typically an insurance company will use a multiplier to determine the value of pain and suffering. For example, imagine that you injured your hip in a car wreck and incurred $10,000 in medical bills. Your insurance company might use a multiplier of three to determine that you suffered an additional $30,000 in pain and suffering. How do they decide on which number to use as a multiplier? Well, that is where it gets complicated. There is no consensus. Generally, the multiplier will be between one and five. But, it could even be outside of that range. Your car accident lawyer will use the evidence to ensure that your pain and suffering receives a fair valuation.
Using the Evidence to Prove Pain and Suffering
Ultimately, any legal claim will only go as far as the evidence allows. It is always important to get your case in the hands of your lawyer as soon as possible after an accident. This allows your lawyer to immediately begin gathering and assembling the evidence. Typical evidence that helps victims prove their pain and suffering includes:
- Injury photographs;
- Medical bills and records;
- Notes from a medical professional;
- Testimony from friends, neighbors and coworkers;
- Records from mental health professionals; and even
- Personal journal entries.
Anything that provides documentation can be helpful. After a car accident injury you must document everything and save all relevant records.
Contact an Experienced San Antonio Car Accident Injury Lawyer
Recovering for the noneconomic damages sustained in a car accident will always be a little more challenging. When it is difficult to put a precise number on your damage, the insurance company may try to exploit the complexity and escape their liability. An experienced lawyer will not let them. At the law office of San Antonio Injury Lawyer, our San Antonio car accident legal team will fight hard to get you the full compensation you deserve. If your car accident caused you any pain or suffering, do not hesitate to contact our office today to schedule a free case evaluation.