Physical Pain
In Texas, a person injured as a result of another’s negligence is entitled to recover damages for pain and suffering, past and future.
The pain and suffering must be consciously experienced.
Whether pain and suffering are consciously experienced can be established through lay testimony, expert testimony, or testimony of the injured party, or from circumstantial evidence.
Pain and suffering may be presumed where it is a natural consequence of an injury.
Pain and suffering are necessarily speculative, and it is peculiarly within the province of the jury to determine the amount of damages for pain and suffering.
Juries may arrive at a figure for pain and suffering from their common knowledge and sense of justice.
Damages for future physical pain and suffering may be recovered if the evidence shows that there is a reasonable probability of such.
