Is there a cap on pain and suffering in the state of Texas. And what is the amount on the cap?"

Asked almost 2 years ago - Grand Prairie, TX

I was rear ended by a commercial vehicle . I have been threw physical therapy , pain management with steroid injection , also back surgery . I am also being treated for depression . My medical bills are in the 155000 range . I would like to know if Texas has a cap on pain and suffering and what is the amount for the cap ?

Additional information

I am researching for an experienced attorney who will not charge a high contingency fee. I would like to know if the attorney will be able to recover punitive damages from the at fault driver? I really believe he was using his cell phone at the time of the accident. Also, how can the attorney find out if he was on a cell phone at the time of the accident?

Attorney answers (10)

  1. Timothy J. O'Hare

    Contributor Level 11

    7

    Lawyers agree

    Answered . I am terribly sorry to hear about your situation. The good news for you is that there is no pain and suffering cap in Texas related to an auto accident.

    If you take nothing from this site, I at least hope you'll take this piece of advice: hire an attorney whether it is my firm or another one.

    Failing to do so could cost you tens of thousands of dollars. Plus, having an attorney on your case will take the stress, anxiety and guessing out of it for you.

    You deserve to have someone who will go to bat for you to keep the insurance company from taking advantage of you. Let me know if we can help.

    www.oharelawfirm.com

    We offer a FREE Case evaluation.

  2. Joel Brantley Hudson

    Contributor Level 10

    7

    Lawyers agree

    Answered . There is no cap per se on pain and suffering. However, you should not expect to maximize what you can get for your pain and suffering without an attorney. The other driver's insurance company will simply lowball you and likely not pay for all of the potentical claims that you do have related to such a horrible accident, some of which you may not be aware. An attorney can maximize the amount for your claim by bringing all the proper claims in the right amounts, and all with the threat of a lawsuit. Without that threat, the insurance company simply will not pay top dolalar. Please call a personal injury attorney for consultation before you make a mistake on your claim and by no means should you sign any Release before consulting an attorney. Our Firm offers free, no obligation consultations.

  3. Gene Raymond Beaty

    Contributor Level 15

    6

    Lawyers agree

    Answered . There is no cap on pain and suffering per se, but juries are not inclined to add big bucks for it. As suggested by others, you need an experienced attorney. Your case is much for complicated than you imagine. Get some good help

  4. Brian Heath Crockett

    Contributor Level 16

    6

    Lawyers agree

    Answered . Life threatening injuries can be very diffcult to recover from. It sounds like it has been a rough road for you. The most important thing for you to do is to continue to take care of yourself. If you have not already discussed your case with a personal injury lawyer, I strongly recommend you do. A lawyer can take the worry out of your case and make life easier for you. If you have any more questions or just want to know your options please let me know. Good luck to you.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . No cap. Don't try to handle the case yourself, as you would only get a tiny fraction of the true worth of the case.

  6. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The only thing that you need to be aware of is the policy limits of the at fault party as that is the amount you can get from them. You then need to see how much um/uim coverage you have as that is typically the next step. Please get a lawyer to help you ascertain this information and inform you the maximum amount you can recover from this claim. Short answer, get a lawyer so you can uncover all ways to recover your damages on your case.

  7. Harold Turner McCall Jr.

    Contributor Level 5

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . No caps on pain and suffering in Texas....however,it is difficult to maximize what you can recover for PS withought a good attorney. That said, you are also entitled to be compensated for many more elements to include but not limited to...past and future impairment, past and future disfigurement, lost wages, loss of wage earning capacity in the future as well as your medical bills. And future related medicle....etc. As one of the other lawyers stated, your case is complicated and you will only be doing yourself a disservice if you do not get legal representation from a personal injury lawyer.

  8. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . I would consult with an attorney as soon as possible.

  9. George Costas Andriotis

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is no cap for Pain and Suffering. You have clearly been through a lot and need an attorney who can understand where you're coming from and who can help you through this rough time. Please consult an attorney for guidance and representation and best of luck to you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  10. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Your attorney will be able to advise you whether or not your situation may involve a possible punitive damage recovery. Based on what you have stated, it is very questionable. You need to seek legal counsel as soon as you can.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

Related Topics

Pain and suffering for personal injury

Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

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