In a personal injury case, pain and suffering play an important role in making sure victims receive a fair amount of compensation for their non-tangible losses. Unlike straightforward costs like lost wages and medical bills, these damages reflect the deeper effects that injuries have on people’s lives.
Accident victims should consider hiring a personal injury lawyer to make sure all the damages they have sustained, including pain and suffering, are part of the compensation they receive.
Here is how to approach pain and suffering damages effectively and why they matter.
What Are Pain and Suffering Damages?
Pain and suffering refers to the emotional and physical effects that an individual experiences after an injury. It can include recognizing physical pain like chronic pain, lingering aches, or the side effects of medical treatment.
Emotional distress resulting from pain and suffering leads to conditions like depression and PTSD. The inability to connect with friends, enjoy hobbies, or even participate in day-to-day activities leaves one feeling anxious.
Since pain and suffering damages are subjective, it is important to paint a vivid picture of your experience to show how deeply the injury has impacted your life.
Why You Should Not Ignore These Damages
Ignoring pain and suffering can lead to inadequate compensation for your injuries. Acknowledging pain and suffering, allows you to effectively project appropriate compensation. Remember, lost income and medical bills only tell a part of the story. Pain and suffering damages make sure the victim is fully compensated for everything they have endured.
When you emphasize these damages, it shows that you understand possible long-term consequences that can be associated with severe injuries resulting from accidents. Focusing on pain and suffering in your argument can help fight back against lowball offers from insurance companies. It sends the message that you are after the full value of the claim.
How Are Pain and Suffering Damages Calculated?
It can be challenging to determine the value of pain and suffering as it is not a tangible cost. However, two main methods are often used to determine them. They include:
- Multiplier Method: This method uses total economic damages (like lost wages and medical bills) multiplied by a number between 1.5 and 5. The multiplier depends on the severity of the pain and its effect on the victim’s life.
- Per Diem Method: This method assigns a daily value to the victim’s suffering and multiplies that amount by the estimated number of days the victim is expected to endure them.
Factors like recovery time, the severity of the injury, and how it affects the client’s life come into play. Expert opinions from psychological and medical professionals and personal testimonies can help support and make the case compelling.
Building a Strong Case
To build a strong case, organize and compile compelling evidence to show how much you have suffered following the injury.
For example, manage medical records like therapist statements, medical prescriptions, and hospitalization receipts to prove the severity of your injuries following the unfortunate accident.
Additionally, seek testimonies from specialists, witnesses, and friends to give context to the pain and emotional difficulties you experience. Personal and witness statements from friends and family help to humanize the claim by illustrating daily struggles and life changes. Use videos, photos, or other visual documentation to make the experience more relatable and real to the jury or insurance adjusters.
The Consequences of Overlooking Pain and Suffering Damages
Ignoring pain and suffering damages can leave you feeling undervalued and also weaken the overall case. Insurance adjusters can interpret the lack of focus on the damages as an indicator that the injuries are not severe, leading to lower settlement offers.
Conclusion
Pain and suffering damages are not just an additional claim in personal injury law, they are crucial to providing fair and full compensation. Prioritizing these damages shows that you do not just care about their financial situation but also that you care about other damages as well.
Expert testimony and strong evidence are important to prove these damages. Ignoring pain and suffering undermines your well-being, leaving money on the table. By advocating for these damages, you present yourself as thorough and ready to fight for what you deserve.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Personal injury laws and the calculation of pain and suffering damages vary by jurisdiction. For advice specific to your case, consult a qualified personal injury attorney.
