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Pain and suffering damages refer to a form of compensation granted in personal injury cases to account for the physical pain and emotional anguish experienced by a victim due to an accident or injury.
Unlike economic damages, which cover quantifiable losses such as medical bills and lost wages, pain and suffering fall under non-economic damages because they relate to intangible harms that are more subjective and difficult to measure.
Physical Pain
This pertains to the physical discomfort resulting from the injury. It may involve intense pain felt right after the accident, along with ongoing pain that continues well after the original injury has recovered.
For example, a broken bone, burns, or nerve damage may cause ongoing physical suffering that significantly impacts a victim’s quality of life.
Emotional and Psychological Suffering
This term encompasses the mental anguish and emotional distress resulting from the injury and its aftermath. Victims may experience anxiety, depression, post-traumatic stress disorder (PTSD), fear, insomnia, and a loss of enjoyment of life.
These effects can be as debilitating as physical injuries, affecting relationships, work, and daily activities.
What Are the Steps to Calculating Pain and Suffering Damages?
Calculating damages for pain and suffering is often challenging due to its subjective nature. To address this, courts and insurance companies frequently employ methods like the multiplier approach.
This method involves multiplying the victim’s economic losses, such as medical costs and lost earnings, by a factor usually between 1.5 and 5, based on the injury’s severity.
Another approach is the per diem method, which assigns a daily dollar amount to the victim’s pain and suffering from the date of injury until maximum recovery.
The compensation granted for pain and suffering is influenced by multiple factors, such as the severity and long-term effects of the injury, its impact on the individual’s daily life, the person’s age and health condition, and the strength of supporting evidence like medical documentation and expert statements.
Courts also consider the credibility of the victim’s account and any corroborating witness statements. Pain and suffering damages recognize that injuries extend beyond physical harm, addressing the full human cost of an accident.
They provide vital compensation to help victims cope with the emotional and physical toll, supporting their recovery and helping restore some sense of normalcy after a traumatic event. Understanding pain and suffering is essential when pursuing a personal injury claim to ensure fair and comprehensive compensation.
What a Lawyer Can Do to Help?
When you’ve been injured in any type of incident or accident, securing fair compensation for your pain and suffering can be one of the most challenging parts of your claim.
Pain and suffering damages are subjective and often undervalued by insurance companies, which is why having a skilled car accident lawyer on your side is crucial.
An experienced attorney knows how to build a strong case that highlights the full extent of your physical and emotional injuries, increasing your chances of winning your claim and obtaining a higher settlement.
One of the key ways a lawyer helps is by thoroughly documenting your pain and suffering. They work with medical professionals to obtain detailed records and expert opinions that clearly show the severity, duration, and impact of your injuries on your daily life.
This evidence is vital because insurance adjusters often try to minimize claims by downplaying non-economic damages. Your lawyer will also gather witness statements, photographs, and personal accounts to demonstrate how your injury has affected your relationships, work, and overall quality of life.
Additionally, a lawyer understands the legal standards and tactics used in personal injury claims. They know how to present your pain and suffering compellingly, using legal precedents and persuasive negotiation strategies.
This expertise helps counter insurance companies’ attempts to offer lowball settlements. If negotiations fail, your attorney can take your case to court, where they can argue for full compensation based on the documented evidence and expert testimony.
Beyond maximizing your pain and suffering award, a car accident lawyer handles all communications with insurers, paperwork, and deadlines, reducing your stress and allowing you to focus on recovery.
They also ensure that all other damages, medical bills, lost wages, future expenses, are accurately calculated, which directly influences the multiplier used to determine pain and suffering compensation.
In short, a personal injury lawyer is your strongest advocate for securing fair and comprehensive compensation. This is especially true for pain and suffering damages because they are often the hardest to quantify but most deeply felt.
Contact a trusted law firm in Puyallup – Jacobs & Jacobs today if you need legal assistance.