Pain and Suffering in Texas Injury Cases: What It Really Means
Your Injury Claim · Liz Valdez Garza · 2026-10-16
When people think about an injury claim, they usually think about medical bills and missed work. But some of the biggest losses after an accident don't come with a receipt. Texas law recognizes those losses too.
What Texas law calls these damages
"Pain and suffering" is a common phrase, but Texas juries are usually asked about several specific categories of non-economic damages:
- Physical pain — past and future
- Mental anguish — emotional distress, anxiety, fear, sleeplessness and grief
- Physical impairment — losing the ability to do activities you used to enjoy or perform
- Disfigurement — scars, amputations and other visible changes
There's no formula
Unlike lost wages, there's no calculator for pain. A jury considers the facts — the type of injury, the treatment, the recovery, and how it changed your daily life — and decides what amount is fair. Insurance adjusters estimate what a jury might do when they evaluate a claim.
What makes these damages stronger
- Consistent medical treatment that documents your pain over time
- A pain journal describing your symptoms, sleep and limitations
- Photos and video of your injuries and recovery
- Testimony from family, friends and co-workers about how you've changed
- Specific examples — not being able to pick up your child, missing a family event, giving up a job you loved
What weakens them
- Long gaps in treatment
- Social media posts that appear to show you're fine
- Downplaying symptoms to doctors
- Exaggerating — credibility is everything
Be honest with your doctors
Many people tough it out and tell their doctor "I'm fine." Be complete and honest about your pain, your limits and your emotional health. Those records become the evidence of what you went through.
If you were hurt and have questions, Attorney Liz Valdez Garza can help. Call 866-LA-LEONA for a free consultation, or use the case review form on this page. Hablamos español.
Frequently Asked Questions
How is pain and suffering calculated in Texas?
There's no set formula. A jury decides a fair amount based on the facts, including the injuries, treatment, recovery and how your life has been affected.
Can I recover for anxiety or trouble sleeping after a crash?
Mental anguish is a recognized category of damages in Texas. Talking to your doctor and documenting these symptoms is important.
Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662