Legal Question in Personal Injury in Texas

How should Pain and Suffering be calculated?

I am a full time student, and husband, and father of three. I have a back injury from a car wreck I was involved in a few ,months ago. To goto the chiropractor I have had to reschedule my whole life, work, and school, and I lose several hours a night with my wife and kids, on the nights that I have to goto the Dr's appointments. I usually have about 30 min. with my kids before they have to goto bed, and hardly no time at all with my wife because of the time left at night I have to use to study. I am currently hodling a 3.82 GPA, but I feel like i don't have a family anymore. Are these types of things what are to be considered Pain and Suffering? I do not know what to do. The insurance co. is pushing me to settle. The chiropractor says i still need more treament. Help.


Asked on 6/29/00, 7:11 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: How should Pain and Suffering be calculated?

Have you consulted an attorney? The elements you describe come under pain and suffering as well as emotional distress and loss of consortium. Depending upon your injury, these items may be valuable. But, I doubt that the ins. co. will discuss reasonable compensation with you without the threat of a lawsuit which can only be suggested by an attorney.

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Answered on 9/06/00, 10:31 am
Michael Dunn Smead, Anderson & Dunn

Re: How should Pain and Suffering be calculated?

What you describe does fall into "mental anguish" element of damages but MANY factors will influence value. The county where suit could be brought is one important factor so you should consult with a lawyer familar with that local area. More importantly, don't even consider settlement until you have a better idea of duration of injuries. If Chiro. doesn't help in a few weeks then something more severe could be there which needs treatment by MD specialist. You generally have 2 years before suit must be filed so you should be in no hurry.

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Answered on 9/13/00, 1:12 pm


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