Chronic injury pain after a car accident
Chronic pain injury can result after any type of accident but car accidents are one of the primary causes in the Houston area.
This type of pain persists beyond the normal timespan of acute pain. It can last for months, years, or even come and go for the rest of your life.
For some people, it may mean persistent headaches, back pain, arthritic pain in the joints or other types of persistent pain. It can be particularly debilitating because of its long-term effects on quality of life and the ability to work or be active.
For some people, as well as hampering the ability to live a normal active life physically, it also affects their emotional and mental wellbeing, leading to sleep problems, depression, and so on.
If you experience chronic injury pain and suffering from a car accident in the Houston area, you are probably already seeking medical help. It’s also important to seek the help of a qualified local chronic pain injury lawyer.
DeHoyos Accident Attorneys can help you claim the compensation you deserve for a debilitating chronic pain injury and the associated suffering it causes.
How does Texas evaluate chronic pain & suffering?
According to Texas law, pain and suffering may include:
- Physical pain
- Mental anguish, and
- Emotional suffering
In other words, emotional or mental pain and suffering due to anxiety, depression, stress, or post-traumatic stress disorder, etc. are just as valid reasons to claim compensation after an accident as a broken bone or traumatic brain injury.
If your case goes to trial, the courts will determine the extent of pain that you suffered at the time of the accident as well as the continued physical, mental, and emotional pain and suffering experienced afterward or that you are still experiencing as a result of your injury.
Can I sue for pain and suffering in Texas?
Yes, because Texas is not a “no-fault” insurance state.
Here, negligent individuals are accountable for the injuries they cause – and the more serious the injury, the higher the damages awarded are likely to be.
In some jurisdictions (“no-fault” states) you cannot sue for pain and suffering from chronic pain injuries.
Read More → How can I prove mental anguish after an auto accident in Texas?
How is chronic pain and suffering calculated in Texas?
For chronic pain injury cases in Texas, you can expect more than your medical expenses and lost earnings to be compensated.
There is no preset formula for calculating losses but you can expect the following factors to be taken into account in the final calculation of pain and suffering:
- The extent of pain you experienced immediately after the injury
- The extent of pain from medical treatment
- The type and amount of medications prescribed
- The duration of the pain
- Any pre-existing health conditions that affect the pain levels you have experienced
- The mental or emotional trauma caused by the accident – and any psychological treatment or rehabilitation you received
- The impact on your quality of life
- The impact on performing normal activities
- The loss of earnings from inability to work (in the past, present, and future)
- Fear or psychological discomfort after the accident
- Likely future pain and suffering you will experience
Depending on the nature of your case, either a jury or judge will decide on the level of compensation. They can exert a great deal of discretion when making the award.
In Texas, you are allowed to claim for mental or emotional stress even if no physical injury has been experienced – providing the act causing it was deliberate or the result of extreme recklessness.
So, in the case of reckless driving, you may be able to claim damages even if you suffered no physical injury.
While it is important to understand how damages are calculated by the court, it is also necessary to bear in mind that most cases are settled out of court by negotiating with the insurance company.
The insurer’s loss adjusters may apply computer models to offer a settlement amount to a victim. Some will try to deny, underpay or delay payment, claiming that mental or emotional pain and suffering have been overplayed.
This is why it is so important to call on the services of experienced chronic pain injury lawyers like DeHoyos Accident Attorneys.
We understand the strategies that insurance companies will use, what they tend to look for in such cases, and how to achieve the best settlement outcome for our clients.
Note that there is no cap on the amount of non-economic damages you can recover for chronic pain injury resulting from a car accident in Houston.
How can you prepare for a chronic pain claim?
If you have experienced a chronic pain injury, the most important thing for you to do is focus on your recovery.
You don’t need the stress of dealing with insurance companies at this time, so you should also contact a personal injury lawyer who specializes in chronic pain injuries as soon as possible.
It will assist your claim if you or a family member are able to prepare some documentation for your lawyer:
- Document the extent and severity of your injury – prepare all medical reports/records, save all medical receipts, and record details of your pain and suffering in a journal if possible.
- Gather photographic or video evidence of injuries and how they impact you physically, emotionally, and mentally.
- Seek help from family, friends, colleagues or other witnesses, who may be able to support your claim with statements, documents, or other potential evidence.
DeHoyos Accident Attorneys can pursue the damages that you deserve on your behalf if you contact us as soon as possible after your car accident.
We will assess your case in full, file a claim with the insurance company, and liaise with their representatives to negotiate a favorable settlement.
If you are not offered what you are legally due, we will litigate on your behalf and let the courts decide.
Please note that we receive no fee unless we win compensation for your injury. Start by booking a free consultation here.