If you become the victim of a Texas auto accident, you can sue the negligent driver or entity that caused your accident. As FindLaw explains, you can recover money damages if you prevail in your lawsuit, including those pertaining to your pain and suffering resulting from your injuries.
Be aware, however, that Texas places a cap on the amount of pain and suffering damages you can recover as follows:
- $250,000 if the defendant is a private individual and/or entity
- $100,000 if the defendant is the State of Texas
- $100,000 if the defendant is someone who was rendering community service through a program sponsored by a city or county
Since no one, including you, can place a monetary value on your pain and suffering, these subjective damages are part of your noneconomic damages that include any or all of the following:
- Your physical, mental and/or emotional pain and suffering
- Your disfigurement
- Your loss of consortium with your spouse and/or children
- Your loss of your enjoyment of life
Statute of limitation
Be aware that you have only a limited amount of time in which to file a personal injury lawsuit based on someone else’s negligence. The Texas statute of limitations for such lawsuits is two years from the date of your accident. Also understand that no amount of money will ever fully recompense you for your pain and suffering. Winning your lawsuit, however, can give you both a sense of closure and a sense of justice.
While this educational information is not legal advice, it can help you understand how to recover damages for your pain and suffering.