If you sustain an injury in Texas that someone else’s negligence or wrongdoing caused, the statute of limitations gives you two years from the date of your accident in which to sue the responsible person or entity. As FindLaw explains, you will ask for both economic and noneconomic damages in this lawsuit. Your pain and suffering damages fall into the latter category.
Your economic damages refer to those things, such as your hospital bills, to which you can attach a specific amount. Conversely, neither you nor anyone else can attach specific amounts to your various noneconomic damages. The jury decides what values to assign to them.
Pain and suffering damages
Pain and suffering covers many things, including the following:
- The pain and anguish you suffered, whether physical, emotional or mental, as a result of your injuries
- The disfigurement that resulted from your injuries
- The loss of consortium you experienced with your spouse, children, etc. because of your injuries
- The loss of your enjoyment of life you experienced because of your injuries
Maximum pain and suffering amounts
Texas law sets the maximum amount you can receive for pain and suffering damages as follows:
- $100,000 if you sue someone who was acting in his or her official capacity as a community service program employee at the time your accident occurred
- $100,000 if you sue the State of Texas
- $250,000 if you sue a private entity or individual
Whether you prevail in a personal injury, defective product, medical malpractice, etc. lawsuit, these amounts can never make up for the pain and suffering your injuries caused. Money damages, however, represent the only type of justice you can receive in a civil court action.