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.

Soon after receiving your settlement, your health insurance provider may make a claim for part of your settlement to recoup for the various medical expenses it paid on your behalf.

Usually, this right by the insurance company to be reimbursed for these payments is built into the contract you agreed to when you signed up for coverage. The language of these contracts will oftentimes allow the insurance company to seek repayment if your injuries were caused by a negligent third party. In the case of government-provided healthcare benefits, such as Medicaid or Medicare, reimbursement of payments is generally pursued due to provisions found in the laws that allow for these benefits to exist.

In many situations, these health insurance providers will place a lien on the results of your personal injury claim or lawsuit. Before you can receive your recovery from your case, the lien placed by the insurance company has to be paid.

The claim of reimbursement is through the concept of subrogation. Subrogation by definition is the act of a party stepping into the shoes of another. Subrogation allows a collateral source (in this case, an insurance company) to make any claim against a third party that the insured party could have. Insurance companies take the place of the insured party to recoup a monetary amount and relieve some of their financial costs.

Whether or not you will need to go to court for your personal injury case is dependent on the facts of your case. While most personal injury cases settle without the plaintiff ever having to set foot in a courtroom, it is important that you and your attorney prepare your case as though it will be tried to verdict.

When you win your Texas personal injury case, there is a multitude of damages you can recover depending on the facts of your case. From past and future medical expenses to lost wages to pain and suffering, a jury will look at the facts of your case to determine exactly what types of compensation you are entitled to.

Among the most common damages recovered in personal injury lawsuits are:

Lost wages – You may be entitled to compensation for the impact an accident or injury has had on your salary or wages. This includes wages lost due to time spent in the hospital, rehabilitation, or the loss of a job due to disability.

Loss of earning capacity – Similar to lost wages, loss of earning capacity seeks to recover income that has been lost due to an accident or injury; however, whereas lost wages is focused on salary or wages that have already been lost, loss of earning capacity seeks damages based on future income.

Medical treatment – Damages almost always include the cost of medical care associated with an accident or injury. Damages can include reimbursement for treatment you have already received as well as compensation for the estimated cost of medical care you will need in the future.

Property loss – If any of your property was damaged or lost as a result of a personal injury accident, your attorney will seek reimbursement for repairs or compensation based on the fair market value of any property that was lost.

Pain and suffering – If your injury has resulted in pain or serious discomfort, you may be entitled to pain and suffering damages. This can include pain experienced when an injury was caused, pain experienced immediately after an injury was caused, and any ongoing pain that can be attributed to the injury or accident.

Loss of enjoyment – These damages attempt to quantify loss of enjoyment in day-to-day pursuits like hobbies, exercise, and other recreational activities.
Emotional distress – Not all injuries are physical. If your accident or injury has had a psychological impact and has resulted in things like anxiety, depression, or sleep loss, you may be entitled to emotional distress damages.

Loss of consortium – Typically applied to wrongful death lawsuits, loss of consortium damages can also be sought when a severe injury has resulted in a loss of companionship or an inability to maintain a sexual relationship with a spouse. Children may also sue for loss of consortium if the injuries have significantly hampered the victim’s ability to provide care, nurturing, or comfort.

When settlement discussions begin will depend on the size and complexity of a case. Larger cases may progress further before negotiations begin as neither side wants to appear overeager or desperate to resolve a matter.

After your personal injury case has been filed, your attorney and the defense will begin pretrial investigations. This is known as the discovery process. During discovery, attorneys will begin gathering evidence and may solicit written answers from the opposition, known as interrogatories, or request sworn testimony under oath, known as depositions.

Keep in mind that it is rare for insurance companies to engage in serious settlement negotiations before completing the discovery process.

In larger, more complex cases, such as on-the-job accidents or commercial trucking accidents, defense attorneys may wait for the plaintiff’s attorney to identify their expert witnesses before discussing settlement amounts. This is because expert witnesses can make or break a case. If a personal injury attorney is able to obtain expert witnesses who are knowledgeable and capable of providing compelling testimony, chances are the attorney has done the work necessary to make a valid case during trial.