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Defining Pain and Suffering in Personal Injury Claims

Last updated 6 years ago

Pain and suffering is a term that is commonly heard after an accident in popular television shows and movies. However, do you really know what this term means and whether it applies in your personal injury lawsuit? An accident attorney can explain this term fully and answer any other questions you may have about your claim, but you may benefit from this brief overview of pain and suffering:

What Is Pain and Suffering?

Pain and suffering is a broad term that includes physical and emotional damages you experience as a result of an injury. Damages awarded for pain and suffering are considered non-economic damages. Mental damages may include problems such as depression, self-consciousness from scarring, and loss of consortium, or the loss of normal marital relations. Physical damages include broken bones, damaged internal organs, temporary or permanent limitations on activity, and a potentially shorter life expectancy, to name a few.

Are There Limits to Recovery Damages?

Texas allows for the recovery of pain and suffering in personal injury cases. There are some types of cases, however, such as medical malpractice claims, in which damages for pain and suffering may be capped. In Texas, there are three limits applied to medical malpractice suits for non-economic damages. First, there is a $250,000 cap against each doctor or healthcare provider other than a healthcare institution. Second, the limit against each single healthcare institution is $250,000. Finally, there is a $500,000 total limit against all healthcare institutions combined, if the action involves more than one healthcare institution. In a wrongful death claim, there is a $500,000 cap on economic and non-economic damages combined, plus medical costs.

Have you been involved in an accident and suffered injuries? If you believe you have a claim for a personal injury lawsuit, it is important to contact an accident attorney. At The Carlson Law Firm in the Austin area, we have 30 accident attorneys who work hard to advocate for our clients. Call (888) 335-7492 to schedule a consultation.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


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