Pain and Suffering (Physical Pain) Damages in Texas Personal Injury Cases

This article focuses only on pain and suffering as physical pain caused by an injury and its treatment. It does not cover mental or emotional pain or anguish. Mental anguish is its own, separate element of non-economic damages under Texas law and is noted at the end of this article.

What counts as “pain and suffering” here

Pain and suffering damages compensate for the physical pain a person experiences because of someone else’s negligence, including:

• Acute pain from fractures, sprains, tears, burns, or lacerations
• Post-surgical pain and recovery discomfort (e.g., hardware irritation, graft sites)
• Chronic and neuropathic pain (e.g., radiculopathy, CRPS, post-traumatic headaches)
• Flare patterns and functional limitations (e.g., spasms at night, pain after standing/sitting, weather-related flares)
• Treatment-related pain (e.g., injections, debridements, physical therapy mobilizations)

Evidence that persuades adjusters and juries

• Medical records that consistently document pain complaints, pain scores, and physical findings (guarding, limited range of motion)
• Imaging and studies that correlate with pain-generating pathology (fractures, disc herniations, nerve conduction studies)
• Treatment history (ER/urgent care, PCP, specialists, PT notes, pain management, injections, procedures)
• Medication logs and pharmacy fills (NSAIDs, neuropathic agents, muscle relaxers, short-term opioids)
• Sleep disturbance records and activity logs showing how pain interrupts daily routines
• Third-party observations (family, coworkers, coaches) describing visible pain behaviors and reduced participation
• Pain diaries or calendars that show frequency, duration, and severity

How is physical pain evaluated in Texas cases?

There is no universal formula. Some insurers use “multiplier” or “per diem” approaches for negotiation purposes, but Texas juries and judges decide value based on the quality of the evidence and how clearly the injury’s pain affects daily life, work, sleep, and recreation.

Are there caps on pain-and-suffering damages?

• Most car, truck, premises, and general negligence cases: no statutory cap on non-economic damages.
• Medical malpractice cases: Texas caps total non-economic damages (which include pain and suffering) in health care liability claims.
• Claims against governmental entities: statutory caps and immunities may apply and can limit recovery.

The specifics are fact- and defendant-dependent; an attorney can advise which, if any, limits apply in a given case.

Practical tips for documenting physical pain

• Report pain accurately and consistently at every visit, including location, character, and intensity.
• Follow treatment plans; gaps in care make it harder to prove ongoing pain.
• Track flares, missed sleep, and activities you can no longer do or now do with limits.
• Save medication lists, home-exercise sheets, and discharge instructions.
• Ask providers to record functional observations (e.g., antalgic gait, guarding, difficulty with stairs or lifting).

FAQs: physical pain only

How do I “calculate” pain and suffering?

There isn’t a fixed formula. Focus on quality documentation and credible testimony. Strong evidence supports higher offers and verdicts better than any numeric “multiplier.”

Do I need expert testimony?

Not always, but medical providers who explain how an injury generates pain (and how long it will likely last) can be very persuasive.

What if I had prior pain?

Preexisting conditions don’t bar recovery; the key questions are whether this incident caused new pain or aggravated prior pain and, if so, to what extent.

Free case evaluation

If you’ve been injured in Texas, Hunter Trial Law can evaluate how to present and prove your physical pain damages and the rest of your claim. Call 361-944-8930 or email todd@huntertriallaw.com.

Important note: mental anguish is separate

Texas recognizes mental or emotional pain or anguish as a distinct non-economic damage from physical pain. This article intentionally addresses only physical pain. Mental anguish has its own proof requirements and should be pleaded, proven, and (when appropriate) submitted separately from physical pain.