There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category and are often the most controversial part of any auto accident recovery, partly because they are not easily defined or quantified, and partly because they can make up a very substantial part of any plaintiff’s overall damage claim. Following is a break-down of the types of harm covered under economic and non-economic damages:

In auto accident cases, economic damages are defined very generally as money damages intended to compensate an injured party for actual economic loss. (Texas Civil Practice & Remedies Code, Chapter 41: Damages, Section 41.001(4))

Non-economic damages may include (Texas Civil Practice & Remedies Code, Chapter 41: Damages, Section 41.001(12)):

• Physical pain and suffering


• Mental or emotional pain or anguish


• Disfigurement • Physical impairment


• Loss of companionship and society


• Inconvenience


• Loss of enjoyment of life


• Injury to reputation


• Loss of consortium (loss of spousal companionship and services)

Texas generally operates under a “tort liability system” that governs how pain and suffering claims are to be litigated. In short, the tort liability system allows the jury to decide, exclusively, the amount of damages to which the plaintiff is entitled. There are no restrictions on who can or cannot sue for personal injury damages. The jury looks at the amount of money the plaintiff is requesting for each item of harm and decides if that amount is reasonable. To see how juries go about this task, see How do insurance companies and juries assign values to pain and suffering?

Texas law also requires auto insurers to offer Personal Injury Protection (PIP) coverage to all drivers. PIP will cover your medical expenses, most of your lost income (currently 80%), and the cost of hiring a caregiver. The minimum coverage is currently $2,500, but you can purchase more. If you don’t want PIP, you will have to reject it in writing.

Resources:

Document Your Pain and Suffering Claim (Checklist): A checklist that helps you document your economic and non-economic damages. An invaluable tool to help you prove how much your pain and suffering claim is worth.

Texas Department of Insurance: The Texas Department of Insurance website offers helpful information about auto insurance laws, requirements, tips for purchasing insurance, and the process for filing complaints.

Automobile Insurance Made Easy (Texas Department of Insurance): A consumer-friendly publication that spells out available coverages and takes the mystery out of purchasing auto insurance in Texas.

Free Advice Auto Insurance Center: Articles, FAQs, free quotes and research links.

Back to Texas Car Accident Resources and Statutes.