After a car accident, it can be easy to calculate monetary losses like medical bills and damage to your car. Unfortunately, not all injuries are visible, and we may not always consider the non-physical injuries we may have sustained after a car accident. 

Calculating the compensation owed for non-physical injuries can be difficult because there is no direct monetary equivalent to things like losing a loved one or suffering PTSD. But Texas courts do have methods by which to calculate damages for what is known as non-economic losses. 

Read on to learn more about how the court calculates non-economic losses in Texas and how your Houston car accident attorney can help you seek compensation.

Non-Economic Losses

Non-economic losses are a means of compensating car accident victims for pain and suffering, mental and emotional damages, and future issues that may arise. 

Although these non-physical injuries cannot be seen, the damage they do to a victim is worth being compensated for. According to Texas law, you can recover non-economic damages for:

  • Pain and suffering
  • Emotional pain
  • Anxiety and stress
  • Loss of companionship
  • Loss of consortium
  • General inconvenience

It can be difficult to put a monetary value on someone’s emotional trauma or loss of companionship. That is why the court will have to use their judgment on what they believe these damages are worth in terms of the actual dollar amount. 

An experienced attorney can take the best approach in your case to get you the compensation you deserve.

Damage Caps

When seeking compensation for a personal injury lawsuit, it’s important to know that the state of Texas sets a limit on how much a plaintiff can receive.

Because non-economic losses are difficult to calculate, a cap is not put on them in Texas, unless they are dealing with a medical malpractice claim. When dealing with the recovery of damages, the court will determine the amount of economic losses apart from other compensatory damages such as non-economic losses. 

Either non-economic damages cannot be greater than twice the economic damages, plus an additional maximum of $750,000, or non-economic damages may be set at or below $200,000 by the court.

The court will decide the amount based on the severity of the case. There are exceptions to those maximums that include, but are not limited to: murder, aggravated kidnapping, sexual assault, forgery, and trafficking of persons.

How Is Pain and Suffering Calculated in Texas?

Once the court has determined whether the victim is owed economic or non-economic damages, it will use a system known as the “multiplier” to give those damages a monetary value. Non-monetary damage is assigned a number between one and five, one being the minimum and five being the maximum. This number is then applied to the economic damages involved in the accident. 

For example, if the court has determined that a car accident caused $20,000 in damages with a multiplier of 4,  you would then receive $80,000 in total damages for pain and suffering. 

How a Car Accident Attorney Can Help You Receive Non-Economic Losses

In Texas, there is no limit set on the amount of non-economic damages you can receive, but there are many factors that can influence the court’s decision. Having an experienced attorney who can handle your claim can help you to receive the full amount of damages you are owed.

Make an appointment with the Houston car accident attorneys at Lapeze & Johns today to seek non-economic losses and other forms of compensation you deserve.

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About Christopher Johns

johnsChristopher Johns co-founded Lapeze & Johns with one thing in mind: civil justice for victims of negligence. Mr. Johns is an experienced trial lawyer who has tried over 50 cases to verdict and judgment throughout Texas, the Gulf Coast, and around the United States with a 98% success rate. His efforts throughout his time at the University of Houston Law Center and as a lawyer have garnered him many accolades, a 10.0 rating from AVVO, and Super Lawyer in Plaintiff’s Personal Injury Litigation every year since 2004. Read more about Christopher Johns here.