Can Chronic Pain Increase the Value of a Texas Personal Injury Claim?
Pain That Doesn't Go Away Can Add Real Value to a Claim When It's Well Documented
Some people expect to feel better a few weeks or months after an accident. Bruises fade, broken bones heal, and life slowly gets back to normal. But for many injured Texans, the pain never fully goes away. It follows them to work, keeps them up at night, and changes the way they live. That kind of lasting pain can play a major role in a personal injury claim.
Chronic pain is more common than many people realize. In 2023, about 24% of U.S. adults said they experienced chronic pain, according to the Centers for Disease Control and Prevention (CDC). In addition, about 8.5% had pain that frequently limited their life or work activities. Doctors generally describe chronic pain as pain that shows up most days or every day for at least three months. But many times, chronic pain can last much longer.
Our Laredo personal injury lawyers at John R. Solis, Attorney at Law know insurance companies often treat chronic pain as an exaggeration. But for many people, chronic pain is real and it's one of the most serious and costly parts of an injury. When pain lasts, the compensation injury victims receive should reflect their financial losses and the hardship their pain has caused them.
|
Key Takeaways
|
What Is Chronic Pain After an Accident?
Chronic pain is pain that continues long after the normal healing time for an injury. After a car crash, truck wreck, or fall, it may come from damaged nerves, injured discs in the spine, torn muscles or ligaments, or joints that never fully recovered. Some people also develop ongoing headaches after a brain injury.
One of the hardest parts of chronic pain is that it isn't always visible. An X-ray may look normal even when a person hurts every day. Nerve pain, for example, may not show up clearly on imaging. That doesn't make the pain any less real. It also doesn't make the person any less entitled to fair compensation.
Chronic pain can also affect much more than the body. It can interfere with sleep, make it hard to concentrate, and lead to anxiety or depression. Someone who once worked long shifts or played with their kids may now need to rest, take medication, or give up activities they used to love.
How Can Chronic Pain Increase the Value of a Texas Claim?
Texas law allows injured people to recover damages (the legal term for the money awarded for losses) for both past and future harm. When pain is expected to continue, the future part of a claim can grow significantly. The table below shows how chronic pain can affect different types of damages.
| Type of Damages | What It Covers | How Chronic Pain Can Affect It |
|---|---|---|
| Physical pain | The pain caused by the injury | Future pain may be included when it's expected to continue |
| Mental anguish | Emotional distress, anxiety, and depression | Living with daily pain often takes a heavy emotional toll |
| Physical impairment | Loss of the ability to do normal activities | Pain may limit work, hobbies, chores, and family life |
| Future medical care | Treatment the person will likely need | Pain management, therapy, injections, or surgery may continue for years |
| Lost earning capacity | Reduced ability to earn money in the future | Pain may force a job change, fewer hours, or early retirement |
In most Texas personal injury cases, there's no general cap (legal term for a set limit) on damages for pain and mental anguish. That's different from medical malpractice cases and claims against government agencies, which have their own limits. So when chronic pain is well documented, it can add real value to a claim.
Why Is Chronic Pain Hard to Prove?
Insurance companies know chronic pain can make a claim worth more. That's why adjusters often push back hard. They may say the pain is exaggerated, unrelated to the accident, or caused by something else. Some even hire their own doctors to argue the injured person has fully recovered. Knowing what to do when an insurance adjuster questions your injuries can help protect a claim.
Unlike a broken bone, chronic pain usually can't be measured with a single test. Instead, it's proven through a pattern of evidence over time. Consistent medical treatment, detailed reports to doctors, and records showing how pain affects daily life all help tell the full story.
Gaps in treatment can happen for many legitimate reasons, such as cost, work schedules, or waiting for a specialist appointment. Still, insurers may try to use those gaps against an injured person. That's one reason it helps to have a lawyer who can explain the full picture and push back on unfair arguments.
What Evidence Helps Prove Chronic Pain?
Strong evidence can make it much harder for an insurance company to brush chronic pain aside. Some of the most helpful evidence includes:
- Medical Records: Notes from each doctor visit can show how long the pain has lasted, how it's been treated, and how it has changed.
- Specialist Opinions: Pain management doctors, neurologists, and orthopedic specialists can explain the cause of the pain and whether it's likely to continue.
- A Pain Journal: Daily notes about pain levels, sleep problems, missed activities, and medications can show how pain affects everyday life.
- Statements From Family and Coworkers: People close to the injured person can describe the changes they've seen since the accident.
- Work Records: Missed days, reduced hours, or a change in job duties can show how pain affects someone's ability to earn a living.
Together, this evidence can show a judge, jury, or insurance adjuster what life is really like with chronic pain. It also helps doctors and other experts explain what kind of care the injured person will likely need in the future and how much that care may cost over time.
What If You Had Pain Before the Accident?
Many people already live with some back pain, neck pain, or arthritis before an accident. Insurance companies often point to that history and argue the accident didn't cause any new harm. But a pre-existing condition (legal term for a health problem someone had before the accident) doesn't automatically end a claim.
Texas law generally allows injured people to recover compensation when an accident makes an existing condition worse. Someone whose manageable back pain became constant, severe pain after a crash may be able to recover for that worsening. The key is showing how the person's condition changed after the accident.
Medical records from before and after the accident can be especially helpful here. They can show what the person's life looked like before the crash and how the pain changed afterward. Doctors can also explain how the accident aggravated (legal term for made worse) the existing condition.
Making Sure Your Pain Is Counted, Not Brushed Aside
Living with chronic pain after a serious accident in Texas can affect your job, your family, and your future. At the same time, insurance companies may doubt your pain or pressure you to settle before the full impact is clear. Texas also generally gives injured people only two years to file a personal injury lawsuit.
Our Laredo personal injury lawyers at John R. Solis, Attorney at Law have spent more than 25 years helping injured Texans. When you hire our firm, you work directly with John, not a rotating team of strangers. We serve clients in both English and Spanish. We also take the time to understand how pain has changed your life.
Your pain deserves to be taken seriously. Contact us to learn more about your rights and legal options. There's no upfront cost. We work on a contingency fee basis, so you don't pay unless we recover compensation for you. No bull. No excuses. Just results.
“If you’re looking for a good lawyer to handle your case, you’re at the right spot. Others turned me down, and here they secured my bag.” – Severo U., ⭐⭐⭐⭐⭐
