When it comes to personal injury cases, “pain and suffering” is a critical component of the compensation sought by plaintiffs. While economic damages can cover tangible costs like medical expenses and property damage, pain and suffering can account for the intangible effects of an injury. These can include physical discomfort, emotional anguish and even the loss of enjoyment of life.
For instance, someone who suffers a spinal cord injury may endure chronic pain and depression, significantly altering their quality of life. Because these damages don’t come with a specific medical bill, determining their value is more complex, but no less important.
Understanding how pain and suffering is defined, how compensation is calculated and how some people attempt to prove these claims can help injured individuals try and maximize their claims and seek compensation.
Types of pain and suffering: physical and emotional
Pain and suffering is typically categorized into two main types:
- Physical pain and suffering: This includes the actual physical pain and discomfort caused by the injury. Examples include chronic pain, as well as temporary or permanent disability.
- Emotional pain and suffering: Often overlooked, emotional damages can be just as debilitating as physical injuries. This includes mental anguish, anxiety, depression, post-traumatic stress disorder (PTSD) and the emotional toll of adjusting to a new way of life.
Both types of pain and suffering can significantly impact an individual’s daily life, relationships and overall well-being, making them an important factor in personal injury cases.
Calculating compensation for pain and suffering
Calculating the value of pain and suffering is not a straightforward process. Courts and insurance companies use different methods to determine compensation, such as the following:
- The multiplier method: This approach multiplies the plaintiffs’ economic damages (e.g., medical bills) by a number, typically between 1.5 and 5.
- The per diem method: This assigns a daily dollar amount to the plaintiffs’ suffering and multiplies it by the number of days they are impacted.
Factors such as the severity of the injury, the long-term effects on the plaintiffs’ life and the credibility of the evidence presented can influence the final amount.
Maximizing your personal injury claim
To ensure fair compensation, plaintiffs must document and prove their pain and suffering effectively. Some of the most effective ways to do this include:
- Keep detailed records: Save your medical bills and maintain a journal documenting your physical pain, emotional struggles and limitations on daily activities.
- Gather medical evidence: Medical records and expert testimony can substantiate the extent of your injuries and their impact.
- Seek emotional support: Evidence of therapy or counseling can help demonstrate the emotional toll of the injury.
- Work with an experienced lawyer: An attorney may be able to help you calculate damages accurately and negotiate for appropriate compensation.
If you or a loved one have experienced pain and suffering or other damages that may have been caused by someone else’s negligence, please fill out the form on this page to see if you have a qualifying case.
The law firm responsible for the content of this page is:
LegaFi Law LLC (an Arizona law firm)
888-4-LegaFi
www.legafi.com