Can I Sue for Pain and Suffering After a Car Accident in Texas?
The insurance adjuster says soft tissue injuries don’t count for pain and suffering after your car accident. They’re hoping you don’t know your rights.
Yes, you can sue for pain and suffering after a car accident in Texas, even without broken bones or surgery.
Texas law says chronic pain, driving anxiety, and losing the ability to enjoy life are all worth fair compensation, just like your medical bills.
Most people don’t realize they can get paid for more than just doctor visits and car repairs. Once you know what Texas law actually allows, you can fight for everything you deserve.
What Counts as Pain and Suffering After a Car Accident?
Texas law lets you get paid for both the physical pain and emotional struggles from your car accident. It’s not just about what shows up on an X-ray.
Physical Pain That Lasts After Your Crash
The immediate hurt from the crash is obvious, but headaches that start showing up weeks later count too. So does back pain that wakes you up at night. All of that counts toward your claim.
Even whiplash and soft tissue injuries that don’t show up on scans are real and deserve compensation. Just because doctors can’t see it on a machine doesn’t mean you’re not suffering.
Here’s what really matters: how long the pain lasts often matters more than how bad it is at first. Months of daily pain that affects your life might be worth more than a short period of severe pain that goes away completely.
The Mental and Emotional Toll of Car Accidents
PTSD, panic attacks when driving on I-35, or depression since your accident all count as part of your claim. Texas recognizes that car accidents mess with your head as much as your body.
Sleep problems from nightmares about the crash or because everything hurts create constant exhaustion that affects every part of your life. That has value in your case.
Then there’s everything you’ve lost. When an accident takes away activities you used to enjoy – whether that’s sports, hobbies, or time with family – that loss is worth something.
What You Need to Prove to Win Your Case
To get pain and suffering compensation, you need to connect the dots from the other driver’s mistake to your ongoing problems.
It sounds complicated, but it really comes down to telling your story with the right backup.
Start with the basics: every driver has to follow traffic laws and drive safely. That’s just the law in Texas.
Then you show how the other driver messed up – running a red light, texting while driving, or speeding are common examples.
Next, you need to show their bad driving is what caused the crash. Usually the DPS crash report handles this part pretty well, especially if there are witnesses or video evidence.
The final piece is connecting your pain and suffering directly to that accident. This is where your medical records become crucial.
If you had existing problems that got worse after the crash, you need documentation showing that change.
Building Evidence After Car Accidents
The difference between a denied claim and a good settlement often comes down to documentation. It’s not enough to be hurt – you need to prove it in ways insurance companies can’t ignore.
Get Medical Proof Fast
When you see a doctor quickly after your accident, it creates a paper trail nobody can argue with. The longer you wait, the easier it is for insurance companies to say your problems came from something else.
Tell your doctor everything – the physical pain, the anxiety, the sleep problems, all of it. If you don’t mention something to your doctor, as far as your claim goes, it didn’t happen.
Then stick with your treatment plan. Every appointment you skip or treatment you refuse becomes a weapon against your claim.
Insurance companies love to argue that if you were really hurt, you’d do everything the doctor said.
Document Your Daily Struggle
Keep a journal about how pain affects your life, but make it specific. Instead of vague descriptions, note concrete impacts – tasks you can’t complete, activities you had to stop, or situations where pain forced you to change plans.
Take pictures as bruises develop and heal. If you’re moving differently or can’t bend like before, have someone record it. These visuals tell your story better than words alone.
Ask people close to you to write down what they’ve noticed. When someone describes changes they’ve seen in you or mentions how pain affects your daily routine, those outside observations carry real weight.
When Professional Opinions Matter
If you’re seeing a therapist for accident-related issues, their notes become powerful evidence linking your mental health struggles to the crash. This isn’t something you can fake or exaggerate.
Your doctor’s opinion about future problems matters too. When they explain you’ll likely deal with this pain for years, or that you might need surgery down the road, that justifies asking for more money now.
If injuries affect your ability to work, specialists can calculate what that means in dollars over your lifetime. These numbers add up quickly and make your case much stronger.
Understanding What Your Case Is Worth
Every case is different, but pain and suffering settlements vary widely based on how the accident changed your life. There’s no exact formula, but insurance companies do follow patterns.
They often start by looking at your medical bills and lost wages, then multiply that by a number based on how serious your injuries are.
Minor injuries might double your bills, while permanent injuries could mean five times your bills or more.
Another way to look at it is putting a daily price on your suffering. If you’re dealing with significant pain every day for months, that adds up.
Some attorneys argue your pain is worth at least what you make at work each day.
Several things can increase what you receive. Younger people might get more because they’ll deal with problems longer. Visible scars, especially on your face, tend to increase settlements.
Accidents caused by drunk drivers often result in higher payments because everyone agrees that’s inexcusable.
When to Fight Instead of Taking Their Offer
Sometimes the insurance company’s offer is so bad that you need to file a lawsuit to get fair treatment. Knowing when to push back protects you from settling for too little.
Watch for these red flags: they offer to cover your medical bills but nothing for pain and suffering, they deny your claim even though you have medical proof, or they drag their feet for months while your bills pile up.
These tactics are meant to wear you down until you take whatever they offer.
Remember you only have two years from your accident to file a lawsuit in Texas. This deadline is strict, and missing it means losing your rights forever.
The good news?
Filing a lawsuit doesn’t mean you’re definitely going to trial. Most cases still settle, but now you have more leverage because they know you’re serious.
FAQs About Pain and Suffering Claims
What if the accident was partly my fault?
You can still get compensation as long as you weren’t mostly at fault. Texas uses shared fault rules that reduce your payment by your percentage of blame.
Do I really need a lawyer after my car accident?
You’re not required to have one, but people with lawyers often get better settlements. Insurance companies tend to take attorneys more seriously than individuals.
What if my pain gets worse after settling?
Once you accept a settlement and sign the papers, that’s it. You can’t go back for more money later, even if your condition gets worse.
What proof matters most to support my car accident case?
Medical records are essential, but they work best combined with your pain journal and statements from people who know you. Each type of evidence supports the others.
How long will it take for my case to finish?
Every case is different. Simple cases might settle in a few months, while complicated ones could take a year or two, especially if they head toward trial.
Getting Help With Your Pain and Suffering Claim
Insurance companies save money by denying or lowballing pain and suffering claims. They’re betting you don’t know your rights or won’t fight back.
We’ve guided Texans through situations like this for over 30 years. Get a free consultation to review your options and learn more about what qualifies as a pain and suffering claim.
