How Is Pain and Suffering Calculated in a Personal Injury Case?

When you’re injured in an accident, your damages go far beyond just hospital bills and car repairs. The physical pain, emotional distress, and disruption to your daily life can feel overwhelming—and in Texas, you may be entitled to compensation for all of it.

But while medical bills come with receipts, pain and suffering is much harder to quantify.

At Mahdavi Law Firm, we help injury victims across Texas recover not just for their financial losses, but also for their non-economic damages—the losses you can’t easily measure, but which impact your life the most. In this article, we explain what pain and suffering is, how it’s calculated, and how we fight to make sure you’re compensated fairly.

What Is Pain and Suffering?

In a personal injury case, pain and suffering refers to the physical discomfort and emotional distress you endure after an accident. It’s a type of non-economic damage, meaning it doesn’t have a fixed dollar amount like a medical bill—but it’s just as real and important.

Pain and suffering includes:

Physical pain from injuries (both short-term and chronic)
Emotional distress or mental anguish
Anxiety, depression, or PTSD
Sleep disturbances
Loss of enjoyment of life
Scarring or disfigurement
Inconvenience and loss of independence
Embarrassment or humiliation
Strained relationships (sometimes called loss of consortium)

These damages are especially important when injuries are severe, long-lasting, or life-altering.

How Is Pain and Suffering Calculated in Texas?

Unlike medical bills or lost wages, there’s no set formula in Texas law for calculating pain and suffering. Instead, attorneys, insurance companies, and juries consider various factors when assigning a dollar amount.

Here are the most common methods used:

The Multiplier Method

This is the most widely used method, especially in insurance negotiations.

Here’s how it works:

First, calculate your economic damages (medical bills, lost wages, etc.).
Then, multiply that number by a factor (usually between 1.5 and 5) based on the severity of your injuries.

For example:

$20,000 in medical bills × 3 (moderate injuries) = $60,000 in pain and suffering.

A higher multiplier is used for more serious or permanent injuries. A lower multiplier may be used if your injuries healed quickly with minimal impact.

The Per Diem Method

“Per diem” means “per day.” This approach assigns a daily dollar value to your pain and suffering, then multiplies it by the number of days you’re expected to experience that pain.

For example:

$200 per day × 180 days = $36,000 in pain and suffering.

The challenge is justifying the daily rate. Courts and insurers may ask: Why $200/day? Why not $100? That’s where expert testimony, medical documentation, and legal experience become critical.

Factors That Affect the Value of Pain and Suffering

There’s no one-size-fits-all number. Instead, pain and suffering is based on a combination of:

Severity of Injuries

More serious injuries (e.g., traumatic brain injury, spinal damage, broken bones, surgeries) typically result in higher pain and suffering awards.

Duration of Recovery

The longer your pain lasts, the higher the compensation tends to be—especially if there are permanent effects.

Impact on Daily Life

If your injury prevents you from working, exercising, parenting, or enjoying hobbies, you may receive greater non-economic damages.

Psychological Effects

Mental health symptoms like anxiety, depression, or post-traumatic stress disorder (PTSD) can add significant value to your claim.

Visibility of Injuries

Scarring or disfigurement—especially on the face or hands—may result in higher awards due to emotional trauma or social impacts.

Credibility and Documentation

Strong medical records, consistent treatment, and professional testimony all help validate your pain and suffering.

How Insurance Companies Try to Devalue Pain and Suffering

Insurance companies don’t want to pay full value for your suffering. They may argue:

“You weren’t hurt that badly.”
“You didn’t go to the doctor enough.”
“You went back to work too soon.”
“You had pre-existing conditions.”
“You didn’t seem that distressed in your social media posts.”

That’s why it’s so important to work with an attorney who knows how to push back and present your case properly. At Mahdavi Law Firm, we fight to tell your full story—not just the numbers.

Proving Pain and Suffering

Because pain and suffering isn’t visible on an X-ray, evidence is key. Some of the most powerful tools we use include:

Medical records that describe the nature, duration, and treatment of your pain
Doctor and therapist reports detailing your emotional state
Photographs showing bruises, scars, or medical devices (like casts or braces)
Daily pain journals written by you or your caregiver
Testimony from family, friends, and coworkers about changes in your mood, behavior, or lifestyle
Expert witnesses (psychologists, economists, vocational experts)

The more clearly we can demonstrate how your injuries have affected your life, the stronger your pain and suffering claim will be.

Is There a Cap on Pain and Suffering in Texas?

In most personal injury cases, Texas does not limit (or “cap”) how much you can receive for pain and suffering. However, there are exceptions:

Medical malpractice claims: Non-economic damages are capped at $250,000 per provider, and $500,000 total in most cases.
Lawsuits against government entities: Damages are capped under the Texas Tort Claims Act (e.g., $250,000 per person, $500,000 per occurrence for state liability).

In car accidents, slip and falls, workplace injuries, and similar cases, there are no caps—which means your pain and suffering can be fully accounted for.

Why You Need a Lawyer to Maximize Pain and Suffering Damages

Pain and suffering is the most subjective part of your claim—and often the most contested. Without an experienced attorney, it’s easy for this portion to be undervalued or denied altogether.

At Mahdavi Law Firm, we:

Document your pain in compelling, evidence-based ways
Calculate your non-economic damages using proven legal strategies
Negotiate forcefully with insurers to get what you truly deserve
Take your case to court when necessary to demand justice

We don’t let your suffering be reduced to a number—we make sure your story is told.

Final Thoughts

Pain and suffering is real—and it matters. If someone else’s negligence caused your injuries, you deserve to be compensated for more than just your bills. You deserve relief for the physical and emotional toll this has taken on your life.

Let Mahdavi Law Firm fight for that full recovery. Contact us today for a free consultation—and remember, you pay nothing unless we win.