How much do insurance companies pay for pain and suffering? If you’ve been injured in an accident — whether it’s a car wreck, workplace incident, slip and fall, or other circumstance — you should be compensated for medical bills, personal property replacement and repair, and other easily quantifiable damages. But pain and suffering is a more difficult sum to calculate because has no inherent dollar value and, while very real, it can be somewhat subjective.
Texas law does allow accident victims to be paid for pain and suffering on top of their economic compensation. While there is a general formula for determining the amount to be paid, it is not foolproof and every case has different variables to consider.
Don’t trust any insurance company to pay the full amount of the economic and non-economic damages your injuries and other losses warrant. Remember: their loyalty is to their shareholders’ bottom line, not to you. They hope that you, in the hole financially due to your accident, will accept a lowball offer and move on.
If you or a loved one has been hurt in an accident, it’s critical that you hire a top-notch lawyer to do the talking for you. At Hanna Allen, PLLC, our experienced and dedicated team represents your interests with compassion, a thorough understanding of Texas law, and a tenacious work ethic. For your convenience, we have offices in Abilene, Sweetwater, Midland, and Odessa. You may contact us online or call 432-220-2649.
HOW MUCH DO INSURANCE COMPANIES PAY FOR PAIN AND SUFFERING?
What Is the Value of Pain and Suffering?
No two accidents are the same. The circumstances differ, the injuries differ in type, severity, and in the physical and emotional trauma they cause. So, you may be wondering, how much can I get for pain and suffering? The answer depends on the particulars of your injuries and the accident that caused them — and whether you have a good personal injury lawyer working on your side.
How Much Can I Get for Pain and Suffering in Texas?
In Texas specifically, how much do insurance companies pay for pain and suffering? This is generally calculated using a multiplier. In the multiplier method, the victim’s injuries are assigned a number from 1 to 5 based on severity. The more serious the injuries, the higher the number. That figure is then multiplied by the amount of tangible, or “economic” damages in the case (medical bills, lost wages, etc.), resulting in the pain and suffering dollar amount.
But even with this formula, determining a fair number is not an exact science. The attorneys at Hanna Allen, PLLC will make sure you are compensated for the full scope of your economic and non-economic losses — whether through a settlement with the insurance company or taking your case to court. Call (432) 220-2649.
WHAT IS PAIN AND SUFFERING?
Pain and suffering is a legal term for a type of damages a person can receive in a personal injury case. Under some circumstances, compensation may be awarded in a wrongful death claim for pain and suffering suffered by the deceased person prior to their death. The types of injuries that typically fall under the personal injury umbrella — and that, therefore, may make you eligible for pain and suffering compensation — include:
- Injuries in a car accident
- Injuries from a commercial truck collision
- Workplace injuries
- Slip and falls and other types of premise liability injury
- Injury due to a defective product
- Medical malpractice injury
- Severe head injury due to another party’s negligence
Pain and suffering is a type of non-economic damage. It’s designed to compensate a victim for their pain and trauma — physical, mental, and emotional — following an accident.
The state of Texas has a two-year statute of limitations for personal injury cases, so in most cases you have two years from the date of the accident to initiate a claim. However, if your claim is against the government or a state agency, you have only six months to file.
In the case of medical malpractice specifically, non-economic damages are capped at $250,000 in Texas. In the case of combined claims with more than one defendant, the cap is $500,000.
WHAT IF THE INSURANCE COMPANY DOESN’T OFFER ENOUGH?
What is the value of pain and suffering? As we’ve discussed, there is no perfect or straightforward way to arrive at a dollar amount for the physical pain and psychological trauma you’ve gone through as a result of your accident. As such, coming to an agreement with the insurance company doesn’t always happen easily. While they will attempt to minimize the value of your claim, you justly want the full amount of the compensation that will enable you to heal and move forward.
The vast majority of cases will eventually be settled outside of the courtroom. This is the best-case scenario for the insurer, as it eliminates the costly legal fees of going to court and the uncertain outcome of litigation. An out-of-court settlement is the best-case scenario for you, the personal injury victim, as well — for the reasons stated above, plus the fact that a court case may drag on for months or even years, during which time your expenses will continue to pile up without compensation.
ENTRUST YOUR CASE — AND FUTURE — TO THE HANNA LAW FIRM
At Hanna Allen, PLLC, our skilled and meticulous team will thoroughly research your claim to ensure we’ve considered every variable when calculating how much you deserve in economic and non-economic damages. We are also tough negotiators who are not afraid to face the big insurance companies and will not back down when fighting for your rights.
We will make every effort to reach a settlement with the insurer that pays you every cent that you need in an expeditious manner. But if the other side is unwilling to come to a fair agreement, we will help you take them to court — and win. To schedule a consultation with one of our excellent personal injury attorneys, contact us online or call 432-220-2649.