Personal injury victims go through so much pain and trauma because of the accident they experienced. The pain from severe injuries is often excruciating, and to add to that distress, the victims have a financial burden due to medical bills, lost wages, and future expenses. Beyond monetary losses, many claimants deal with daily pain and emotional anguish after the accident. The physical and emotional trauma victims experience is also known as pain and suffering. Many people might not realize that when filing a personal injury claim, they can recover compensation for the pain and suffering they endured. This introduces the question: “What is my pain and suffering worth in my personal injury case?” At Slam Dunk Attorney, we believe you deserve fair compensation for all your damages, including pain and suffering. The attorneys at Slam Dunk Attorney are your legal advocates and will help you through every step of the claims process. We aim to handle your legal issues so you can recover and have peace of mind. Read this guide to learn more about pain and suffering settlement in a personal injury case.
What is Pain and Suffering?
Pain and suffering damages in personal injury refer to the physical and emotional damages you can recover from an accident caused by another’s negligence. This can include a variety of emotional, mental, and physical losses. In a personal injury case, people often recover economic and non-economic losses. Economic losses include monetary damages, such as medical bills. Non-economic damages are intangible losses that do not have a monetary value assigned to them.
The physical pain you’ve endured due to an accident is one aspect of pain and suffering. For instance, you could claim damages for:
- Headaches
- Amputation
- Paralysis
- Nerve damage
- Back or neck pain
- Disfigurement
Pain and suffering damages also encompass emotional and mental anguish you’ve experienced due to your accident, such as:
- Depression
- Anxiety
- Grief
- Loss of enjoyment of life
- Post-traumatic stress disorder
- Insomnia
These are just a few examples: pain and suffering can encompass many other effects, symptoms, or health issues. If you have more questions about what counts as pain and suffering, consult with a personal injury attorney.
How to Calculate Pain and Suffering
Pain and suffering damages can be challenging to calculate compared to economic damages. This is because monetary losses have values assigned to them. For example, if your medical bills cost $10,000 and you have documentation, you can ask for compensation to cover those expenses. However, it’s more complex to prove physical pain, emotional distress, and mental issues. Thankfully, there are two standard methods for calculating pain and suffering settlements in personal injury claims: the multiplier method and the per diem method. The multiplier method is a common way to calculate a settlement amount for pain and suffering. This method involves taking all of your economic expenses and multiplying them by a factor between 1.5 and 5. The multiplier depends on the severity of the accident. For instance, if you only sustained minor injuries from the accident, the multiplier would likely be 1.5. A devastating accident would have a larger multiplier, such as 4 or 5. The per diem method is less common, but some people still use it. With this method, you are given a dollar amount for each day you suffered due to the accident.
Proving Pain and Suffering
Proving your pain and suffering can be complicated. Even if your physical pain and emotional trauma are real to you, it’s your word against the defendant’s insurance company. To prove your pain and suffering, you should compile evidence, such as medical records, psychological evaluations, or statements from your family members. Your testimony is also a vital piece of evidence. During testimony, you describe how your pain and suffering have negatively affected your life. Working with a personal injury attorney is beneficial because they will help you gather evidence and develop a strong claim, proving your pain and suffering damages.
How Can a Personal Injury Lawyer Help
When you’re dealing with a personal injury case, you need a legal advocate on your side. You need someone who cares about your case and will fight to ensure you receive fair compensation. A personal injury lawyer from Slam Dunk Attorney can help. They will calculate your economic and non-economic damages and help you collect evidence to prove your pain and suffering. Ultimately, your attorney will handle all the complex aspects of personal injury law, so you don’t have to worry about it. A personal injury lawyer from Slam Dunk Attorney will ensure that you receive fair compensation for your pain and suffering. If you or someone you know has been in a personal injury accident in the Atlanta area, contact an attorney from Slam Dunk Attorney. Call today to schedule your free consultation.
