When you have been in an accident or another type of incident due to someone else's negligence, you may benefit from securing the services of a San Antonio pain and suffering lawyer. San Antonio pain and suffering lawyers are experienced with personal injury law in Texas. They also understand what types of cases you can seek pain and suffering damages from and how much you can potentially obtain. If you try to negotiate the recoverable damages on your own, you may not get a fair settlement.
Pain and suffering is unique for each individual and for each case. That's why it's helpful to have a professional legal expert by your side if you have been harmed by another party. This allows you to focus on healing while the attorney handles navigating the legal process for you.
Steps to Take After an Incident Involving Pain and Suffering
No matter what type of incident you've experienced that involves someone else's negligence, if you have been harmed, injured, and are suffering, take these important steps to help protect yourself:
- Take notes about what occurred.
- Take pictures, if applicable or necessary.
- Talk to any eyewitnesses and obtain their contact information.
- Contact appropriate authorities, if necessary (as if in an accident, etc.).
- Get checked out thoroughly at a medical facility.
- Document your doctor's appointments, pain, and suffering.
- Discuss your options for a lawsuit with a San Antonio pain and suffering lawyer.
Different Types of Recoverable Damages in Texas
Different types of incidents and situations may lead to pain and suffering, but whatever the cause of your suffering, you can pursue other types of damages beside pain and suffering. Let's look at those first, then we'll explore pain and suffering damages. Other damages include:
In most accident or injury cases, you will have some monetary damages. These include costs to see the doctor, stay in a hospital, health products or equipment, and so on. You also may incur economic damages from being out of work for a time, whether it's temporary or for a long period of time. All of these add up to monetary costs.
Punitive damages are not always awarded. However, a judge may allow punitive damages if the other party was grossly negligent. The amount of punitive damages will vary and could be limited depending on the circumstances.
Pain and Suffering Damages
Pain and suffering damages are also referred to as non-economic damages. These damages do not have an actual bill attached to them but are the mental and emotional cost of the incident that occurred. Pain and suffering damages involve the physical pain you have gone through due to the incident. It may also involve mental anguish you've suffered during the ordeal. In addition, if the accident or incident prevents you from participating in certain activities in life or hinders you from enjoyment in life, that is also pain and suffering.
Calculating the Damages from Pain and Suffering
There are no physical “receipts” that you can bring to your attorney to file the pain and suffering claims. Instead, your San Antonio pain and suffering lawyer will use a formula to determine the amount you are eligible to claim.
One of the formulas used in calculating pain and suffering is the multiplier method. This uses a multiplier number between 1 and 5 and multiplies it by the amount of your monetary damages. The more severe your pain and suffering is, the higher the multiplier number will be.
The other formula is called the per diem method because it multiplies how much you make per day by how many days you endure pain and suffering.
How Your Pain and Suffering Award Can Be Reduced
Your pain and suffering award may be adjusted by the severity of your condition or by the amount of blame you have in the incident. Some factors that could affect the severity include:
- How severe is the pain you are experiencing?
- Is the pain in one area or several areas throughout the body?
- Are you experiencing both physical and emotional pain?
- Has the incident affected your mental health?
- Will any of the medical procedures affect your quality of life?
- Do you have a disfiguring injury?
- Will your activities and enjoyment in life be limited? For how long?
- How long you will be in pain?
The answers to these questions represent some of the reasons the pain and suffering award might be higher or lower.
Statute of Limitations
Each state requires that people file their personal injury claim within a certain time frame called the statute of limitations. Texas Civil Practice and Remedies Code § 16.003 states that the statute of limitations in Texas is two years from the time of the incident. You can consult with a San Antonio pain and suffering lawyer to get started.
What Lawsuits Can You Bring for Pain and Suffering?
A few types of lawsuits will encompass pain and suffering damages. Some of the most common include those involving a:
- Vehicle accident
- Construction accident
- Work accident
- Medical error
- Slip-and-fall accident
- Personal injury case
The thing that all these cases will have in common is that another party acted negligently.
Find Help by Speaking with a San Antonio Pain and Suffering Lawyer
You can find help collecting damages by contacting a San Antonio pain and suffering lawyer. If you've been harmed because of someone acting negligently, speak with an attorney who can advise which steps to take next. At Dolman Law Group, you will receive a free case assessment that outlines what to expect going forward. A San Antonio pain and suffering lawyer will calculate your damages and give you an estimate of what amount would be a fair settlement with the other party.
You will have the opportunity to work on a contingency basis, so there is nothing to lose. Contact our office today.
San Antonio Office
921 S St Mary's St #2
San Antonio, TX 78205
Phone: (210) 361-2039