Legal Question in Personal Injury in Texas

The short answer is "no." "Pain and suffering" is a general phrase that encompasses the two intangible damage elements of physical pain and mental anguish. When a jury calculates damages that 'fairly compensate' a person for their injuries, they get to consider how much, if any, should be awarded for physical pain experienced by the plaintiff and mental anguish endured by the plaintiff. Physical pain refers to actual pain experienced in the past and that which can reasonably be expected to be experienced in the future. Mental anguish refers to the mental suffering that accompanies an injury such as worry, concern, fear, depression, sadness, experienced in the past and future. It has no set definition or value.

The jury listens to your testimony and then may chose to award anything they chose for these amounts. They can award zero in the case of soft tissue type injuries or they can award as much as they like. There is no guiding principle to this element of damage.

Tort reform has caused juries to become more and more conservative in their pain and suffering awards. Unseen injuries are hard to prove and juries tend to be skeptical of what they cannot see for themselves.