In Texas, pain and suffering is a type of damage available in a personal injury claim, such as in an auto accident case. Pain and suffering addresses the physical and mental trauma that a person experienced in an accident, in the aftermath of the accident, and during any medical procedures that were needed as a result. In many auto accident cases, establishing significant pain and suffering is one of the most important pieces of a personal injury claim or lawsuit.
Catastrophic injuries, including traumatic brain injuries and spinal cord injuries, cause tremendous pain and suffering. Auto accidents oftentimes leave victims with severe, long-lasting and debilitating physical injuries that can also lead to mental and emotional injuries. In these cases, pain and suffering (physically and mentally) is often easy to recognize. However, the amount awarded for pain and suffering is ultimately left up to a jury’s decision.
In order to successfully show the extent of an injured victim’s pain and suffering, it is imperative to have thorough and exhaustive documentation of medical treatments and therapies from physicians, surgeons, nurses, and psychologists. An experienced personal injury attorney can assist you with this process and also help with presenting your case clearly and convincingly before a jury.