Posted in Personal Injury on October 30, 2026

In Texas, the civil justice system allows for a personal injury claim to be filed to make the injured victim “whole again.” The damages, or financial compensation, that can be sought with a San Antonio personal injury claim can cover not only the victim’s economic (monetary) losses, but personal (non-monetary) losses, as well. These are known as non-economic damages, or pain and suffering.

What Are Pain and Suffering Damages?

“Pain and suffering” is an umbrella term that is used to describe a whole category of damages. They are also known as non-economic, intangible or general damages. This category refers to the personal side of a personal injury case; the harm the plaintiff suffered that might not be visible or physical in nature.

Damages that can fall under pain and suffering include:

  • Emotional distress
  • Mental anguish
  • Physical pain
  • Chronic pain
  • Impairment or disability
  • Psychological harm
  • Post-traumatic stress disorder (PTSD)
  • Sleep disturbances
  • Anxiety or depression
  • Loss of enjoyment of life
  • Permanent scarring or disfigurement
  • Loss of independence
  • Humiliation
  • Loss of consortium

Compensation can be awarded in Texas for these losses on top of economic damages, such as medical bills, lost wages and property damage repairs.

How Is Pain and Suffering Calculated?

Economic damages in a personal injury case are calculated by adding up all of the victim’s financial losses, such as medical bills and lost income. Pain and suffering, however, do not come with hard numbers. Instead, these damages are calculated based on the severity of the victim’s injuries and how severely they impact the victim’s life. Two main calculation methods are used to assign a value to pain and suffering.

Multiplier Method

The most common is known as the Multiplier Method. A jury will take the plaintiff’s total amount of economic damages assigned and multiply it by a number deemed suitable for the extent of the victim’s pain and suffering, typically between 1.5 and 5. For example, if an economic damage award was $200,000 and a multiplier of 2 was used for a moderate injury, the plaintiff would be awarded $400,000 in non-economic damages.

Per Diem Method

The second-most used equation is the Per Diem Method. This is more suitable for cases where the victim has a set recovery date. It multiplies a daily amount, often close to the individual’s daily wage prior to the accident, by the number of days the victim will likely experience pain and suffering. A 90-day recovery timeline and a daily wage of $120, for instance, would lead to $10,800 awarded in pain and suffering damages.

Evidence to Prove a Pain and Suffering Claim

Proving pain and suffering takes certain types of evidence, distinct from the evidence used to prove economic damages. Proof of the injury causing the pain and suffering is required, such as medical records and imaging scans. In addition, testimony from the victim and their friends and family can paint a picture of how much the injury is impacting the victim’s life. A daily pain journal can emphasize changes in daily routine and any related mental health struggles.

Proving pain and suffering and securing fair compensation for this intangible type of loss is easier with help from an experienced San Antonio accident lawyer. A lawyer can tell your story to a judge, jury or insurance company in a compelling way to express the amount of pain and suffering you have and will continue to endure. This can help you secure the best possible case outcome.

For a free consultation about your available damages in a personal injury case in Texas, contact the attorneys at The Law Offices of Maloney & Campolo.