Legal Question in Personal Injury in Texas
can you get pain & suffering without going to trial on a personal injury/negligence case?
2 Answers from Attorneys
When a personal injury case is settled, generally the settling party will demand a release for all of your damages in exchange for a single lump sum payment. They don't care what you call it. Typically, the only way you get specific amounts awarded for specific individual elements is when a jury awards damages.
If you settle a case the insurance company requires a "release" be signed and that document basically will extinguish any damages stemming from the claim. There can be exceptions for minors, etc., but generally that is the case.
The real issue may be will the insurance adjuster pay you for pain and suffering. If you are attempting to settle a case yourself, you may want to ask the adjuster how much they are including for pain and suffering as opposed to medical bills etc.,