Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Texas the limits on a high multiplier are fault and who pays, not a ceiling.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

The 51% bar

A claimant may not recover damages if his percentage of responsibility is greater than 50 percent. At 50% or less, the court reduces the damages by the claimant's percentage.

Who is counted

The jury assigns percentages, in whole numbers, to each claimant, each defendant, each settling person and each designated responsible third party, so fault can be placed on someone who is not in the case.

Joint liability

A defendant is liable only for its own percentage of responsibility unless that percentage is greater than 50%, in which case it is also jointly and severally liable for the recoverable damages, or unless it acted in concert with specific intent to commit listed felonies.

Economic damages feed the multiplier

Medical expenses are limited to what was actually paid or incurred, which lowers the economic base that a multiplier is applied to.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Texas's rules apply to your specific case with a licensed Texas attorney.