Pain and Suffering in San Marcos TX Car Accident Claims - Calculating Non-Economic Damages

If you’ve recently been in a serious car accident in San Marcos, Texas, then you understand that medical bills and damage to your vehicle are only a few of the obstacles you face during recovery. Lingering pain, emotional trauma, and other intangible losses suffered as a result of your accident are often more challenging to overcome than your injuries. The San Marcos injury attorneys at Carabin Shaw understand the severity of these stresses, and we take pride in securing compensation for the non-economic damages suffered by crash victims.

With our expert lawyers, victims can be assured that they will receive compensation for their pain and suffering, as well as for any physical injuries and other financial losses. Victims and their families should prioritize recovery and healing without the distraction of worrying about their finances, and Carabin Shaw can help. Read on to learn more, and call 800-862-1260 to schedule your free case review.

After an auto wreck in San Marcos, Texas, victims often find themselves facing significant financial hurdles while they try to recover from their injuries. Auto insurance and personal health insurance can provide compensation, but this compensation is often limited and falls short of what victims truly need. Coverage limits usually cap insurance, and insurance claims can only be made for a limited scope of reasons.

When victims require more compensation than their insurance can provide, their best option is to sue for damages with the assistance of a personal injury attorney. Suing allows victims to pursue both economic and non-economic damages from negligent parties, meaning they can sue to recover compensation for tangible expenses as well as more intangible costs, such as pain and suffering.

Some common types of economic damages are:

• Property damages
• Reimbursement for medical expenses
• Reimbursement of legal fees
• Lost wages
• Reimbursement of funeral expenses
• Out-of-pocket expenses

Non-economic damages, on the other hand, cover things like:

• Pain and suffering
• Loss of reputation
• Loss of enjoyment of life
• Permanent disfigurement
• Loss of consortium

Texas car accident compensation for economic damages is easy to calculate, as these damages are directly related to expenses that can be proven with bills, receipts, and pay stubs. Non-economic damages, on the other hand, are related to more subjective issues, making them more complicated to calculate.

Non-economic damages, like pain and suffering, are usually calculated using “the multiplier method”. This method multiplies the total economic damages owed to a victim by a factor between 1.5 and 5. The multiplier is determined based on the severity of a victim’s injuries. The number determined by this calculation is the amount that victims can pursue for non-economic damages.

Texas practices a modified comparative fault rule regarding car crash liability. This rule means that multiple parties can hold some percentage of liability for a crash, and any party with less than 51% liability can sue for damages. The compensation awarded to victims with partial fault will be reduced by the percentage of fault they hold. A good lawyer will fight to minimize the liability you hold, which will maximize the compensation you receive.

Non-economic damages like pain and suffering are inherently subjective, which means that the burden falls on the victim and their San Marcos car accident lawyer to provide compelling, credible evidence of how their injuries have impacted their life. To ensure a positive outcome when pursuing non-economic damages, the victim should gather a substantial amount of evidence. Some important types of evidence to support non-economic damages claims include:

• Medical records
• Expert testimony
• Photo/ video documentation of the accident and injuries
• Testimony of friends and family
• Psychological evaluations
• Personal diaries or pain journals

The assistance of a San Marcos TX car accident attorney is invaluable to victims who need to maximize their accident compensation. It is never advisable to attempt to navigate the complexities of the legal system independently. A good lawyer will not only advocate for you in court, but they can negotiate your insurance claims, collect evidence on your behalf, and provide guidance and emotional support.

Our team of lawyers at Carabin Shaw has been winning lucrative settlements for injured Texans for over three decades. To hear the stories of our satisfied clients, head over to our client reviews. Next, please call us toll-free at 800-862-1260, where our English- and Spanish-speaking staff are available 24/7 to assist you with a FREE case review.

To make the process even easier and risk-free, we offer our services on a contingency-fee-basis. That means we do not collect any upfront payment and only get paid when we win your case.

For more information:

• Justia
• Texas Statutes 33