Quick answer
Texas noneconomic damages depend on evidence of an injury’s actual effects. No statutory multiplier turns medical bills into a fixed pain-and-suffering award in an ordinary injury claim. Develop the proof for physical pain, physical impairment and mental anguish separately, then check for overlap.
Describe each loss and how long it lasted
For physical pain, record the symptoms, their frequency, and the activities that bring them on. For impairment, describe changes in daily function, independence and activities the person previously enjoyed. Mental-anguish evidence should explain the nature, duration and severity of the distress, including its effect on daily life. A passing episode of distress and a sustained disruption require different accounts.
The Texas Supreme Court’s In re Richardson Motorsports opinion explains that mental-anguish proof may come from the claimant, other witnesses or experts; a particular expert diagnosis is not invariably required. In Golden Eagle Archery v. Jackson, the Court addressed distinct physical-impairment losses and the need to avoid compensating the same loss twice.
Track changes over time
Check a diary against treatment notes and other evidence. Family and work witnesses can supply their own observations instead of a rehearsed figure. Set out what happened in three stages:
- Before the injury: the activity, frequency and level of independence
- During recovery: what changed, when it changed and who saw it
- Current function: improvement, adaptations, help required and remaining limits
Sleep, household tasks and lost activities belong in this account. So do good days, improvement and occasional exceptions. Describing the variation is more accurate than making every day sound equally difficult.
Check the three explanations for duplication
Try explaining pain, impairment and mental anguish in three separate paragraphs. If they say the same thing, ask what different loss each proposed award would cover. One event can supply evidence for several categories. It cannot justify paying for the same harm more than once.
Consider a parent who was active before the injury. In this hypothetical, the parent is back at work but cannot hold a child for months. Records of the restrictions and dates, together with firsthand observations, describe a loss the invoices do not capture. Further reasoning is needed to assign a dollar amount.
Explain the valuation range
Explain the losses supporting the requested amount, how long they lasted and where the evidence may be challenged. Account for those risks in a negotiation range. The divided opinions in Gregory v. Chohan discuss review of noneconomic damages and improper argument. Before applying the case, counsel should identify which propositions are holdings and which come from the plurality.
Related guidance
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Contact The Law Firm of Aaron A. Herbert, P.C., at (214) 200-4878 or request a consultation.
This article provides general information about Texas law. It does not provide advice about a particular claim, create an attorney-client relationship or promise a result.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers