In Texas, pain and suffering damages are typically calculated using either the multiplier method or the per diem method, both of which aim to quantify the non-economic toll an injury takes on a victim’s life.
These damages cover more than just physical pain—they also include emotional distress, mental anguish, loss of enjoyment of life, and any lasting psychological effects stemming from an accident or injury.
What Exactly Are Pain and Suffering Damages?
Pain and suffering damages are a type of non-economic compensation awarded to injured victims in personal injury cases. Unlike economic damages—like medical expenses or lost wages—pain and suffering focus on the intangible consequences of an injury, such as:
- Chronic pain or physical discomfort
- Anxiety, depression, or PTSD
- Loss of enjoyment in hobbies or social activities
- Strained personal relationships or emotional trauma
Because these damages aren’t tied to a receipt or bill, calculating them can be complex and subjective.
Common Methods Used to Calculate Pain and Suffering
1. The Multiplier Method (Most Common in Texas)
The multiplier method is the most widely used technique for calculating pain and suffering damages in Texas.
Step-by-Step Breakdown:
- Step 1: Calculate Economic Damages
This includes all measurable costs: medical bills, lost wages, property damage, and future care needs.
- Step 2: Apply a Multiplier
A number between 1.5 and 5 is chosen based on the severity of the injury.
- Step 3: Multiply to Determine Pain and Suffering Damages
Multiply the total economic damages by the selected multiplier.
Example:
If your economic damages total $10,000 and the court or insurance adjuster applies a multiplier of 3, then your pain and suffering damages would be:
$10,000 × 3 = $30,000
What Influences the Multiplier?
- Severity of Injuries: Traumatic brain injuries or spinal damage receive higher multipliers than minor bruises or sprains.
- Impact on Daily Life: If the injury disrupts your career, hobbies, or family life, the multiplier will increase.
- Permanent vs. Temporary Injuries: Long-term conditions or disfigurement will generally lead to a higher payout.
- Defendant’s Negligence: The more reckless or egregious the defendant’s actions, the more likely a higher multiplier is justified.
2. The Per Diem Method
The per diem method assigns a daily dollar value to the pain and suffering endured, then multiplies that rate by the number of days the victim is expected to experience the distress.
Example:
If your daily rate is $200 and you suffer for 120 days:
$200 × 120 = $24,000 in pain and suffering damages.
This approach is often used when there’s a clear recovery timeline.
Factors That Affect the Value of Pain and Suffering
- Medical Documentation: Detailed records help paint a clear picture of your condition.
- Expert Testimony: Medical professionals can explain long-term effects or the trauma’s severity.
- Personal Impact Statements: Journals, witness testimony, and even videos showing day-to-day challenges help support your claim.
- Insurance Algorithms: Programs like Colossus are sometimes used by insurers to estimate pain and suffering—but they often undervalue human experiences.
And finally, jury decisions and case precedents can also play a huge role in determining your final compensation.
Are Pain and Suffering Damages Taxable in Texas?
Generally, no—pain and suffering damages tied to a physical injury or illness are not taxable at the state or federal level. However, if you receive punitive damages or interest on the award, those may be taxable.
How Carew Garcia Bohuslav Law Can Help
At Carew Garcia Bohuslav Law, we understand how painful and overwhelming a personal injury can be. That’s why we take the time to fully understand your situation—physically, emotionally, and financially.
Our experienced attorneys build strong, evidence-backed cases for pain and suffering damages. We’re committed to transparency, accessibility, and results. Whether you’re negotiating with insurance companies or preparing for trial, we stand by your side every step of the way.
Take the Next Step
If you’re struggling with the aftermath of an injury and wondering what your pain and suffering might be worth, reach out to Carew Garcia Bohuslav Law today.
We offer free consultations and will walk you through what compensation you may be entitled to. Don’t leave your peace of mind to chance—let us fight for the justice and recovery you deserve.