How Pain And Suffering Compensation Works Under Texas Law.
When accidents happen, one of the first things people ask is, "Was anyone hurt?" In a sense, the law asks the same question. This is because courts are empowered to not only force negligent defendants to pay damages for property losses and medical bills, but also for the physical pain and suffering you've endured.
Below, we'll talk about how we go about getting this kind of compensation for you. But also, if you're kind of new to this area of the law, make sure you check out our Comprehensive Guide to Personal Injury Law as well.
Questions answered in this article:
- Why Texas laws allow compensation for pain and suffering?
- What constitutes pain and suffering under Texas law?
- What kind of evidence will we use in your case to prove pain and suffering?
Why Texas law allows the recovery of compensation for pain and suffering.
When victims are injured, there are hours, days, months, and even years' worth of everything from little aches and pains to outright debilitating agony. In our experience, this physical pain and suffering is the cruelest consequence of injuries---they lead to isolation, depression, and despair. Victims are left to worry if their bodies will ever be right again, and in some cases such as paralysis or the loss of a limb, they know they'll never be the same.
Courts are not blind to this kind of misery, and they don't want victims to suffer alone. Since the only power courts really have is to exact money from a defendant, they will allow a jury to place a dollar amount on what you've gone through. There is no special formula for how this works, but juries can award money as they see fit for what you've been forced to go through.
Why money, though? Isn't it a little strange to convert, say, crippling back pain into dollars? The bottom line, though, is that you've had your freedom taken from you, and you should therefore have money to shape your life as you see fit. It's about returning to you the autonomy you've lost.
How we prove your pain and suffering to a jury.
No one can truly know what you're going through. Most people have had some kind of injury, cuts, broken bones, or bruises in their lives, though. Our job as your attorney is to present your case to the jury so that they can have some sort of idea of what you've had to endure. This is accomplished through a combination of the following:
- Your testimony: The most obvious testimony we'll need is yours. You've spent the hours in bed and in the hospital in pain, worrying about your future, and you know your body best. Prior to trial, you'll have the opportunity to testify in a deposition in which you can relay exactly how your life is different now after the accident. If the case goes to trial, the jury will be able to watch you testify as well. Remember, though, that you don't need to be nervous about this---our job is to make you as prepared and comfortable as you need to be. We've done this for hundreds and hundreds of people.
- Medical evidence: Nothing is more objective for a jury than to hear your treating medical professionals describe exactly what's happened to you and how the injuries have caused pain and suffering. For example, if your back is in severe pain, the doctor can show precisely why it is. This can assuredly bolster your testimony and remove doubt from a jury's mind that you're "faking" how badly you're hurt. Further, medical professionals can apply their expertise to medical records like x-rays and medical reports to put a technical, scientific face on your injuries.
- Testimony from friends and loved ones: Those closest to you have witnessed what the accident has done to you. While they're naturally "biased" towards you, still, if their testimony can help prove that what you've been saying is true, then they can help your case.
Our job is in no small part knowing the nuances of the rules of evidence to get this information and testimony admitted into evidence. It takes years of learning and applying the complex rules of court to make sure there are no snags in getting your evidence before the jury.
To obtain full and fair compensation for your pain and suffering, you need the right attorneys.
Since pain and suffering is a subjective term, it helps to have an attorney that has the right experts to help prove your case. We've been getting clients the compensation they deserve for 25 years. If you or a loved one has been injured in an accident, it's time to call us at (855) 326-0000 for your free consultation.
Related Articles for Further Reading:
- Personal Injury Law: Mental Anguish
- Personal Injury Law: Disfigurement
- Personal Injury Law: Loss of Consortium