When someone is harmed as a result of another person or entity’s negligent or reckless actions, the injured party can seek financial compensation for a variety of economic and non-economic damages and expenses, including pain and suffering.
Pain and suffering can be a somewhat abstract concept. The American justice system has made an attempt to compensate injured parties by assigning a monetary value to the physical discomfort and emotional distress that are caused as a result of another party’s negligence. The sum of the physical and emotional ordeal sustained is referred to as pain and suffering.
Types of Pain and Suffering
The essence of pain and suffering is to compensate an innocent injured party for both the physical pain and emotional suffering that comes from bodily harm and the resulting mental anguish. As such, there are two types of pain and suffering that a personal injury may try to argue on your behalf.
Physical
Physical pain and suffering encompasses the actual injuries suffered by the plaintiff. As the term suggests, this refers to physical pain, and though it can feel arbitrary to assign a monetary value to it, the legal system does its best to determine how much a plaintiff is owed for the pain and suffering experienced as a result of injuries caused by the defendant.
Examples of physical pain and suffering include:
- Pain from broken bones, cuts, and burns
- Chronic pain that lasts for an extended period or a lifetime
- Pain caused by medical treatments, including surgery and physical therapy
- Scarring and disfigurement
- Disability due to a loss of function or mobility
Emotional
Emotional pain and suffering is a more nebulous concept, with its value being based on the mental effects someone experiences after an injury.
Emotional pain and suffering can include:
- Depression
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Emotional distress (including shock, humiliation, and mental anguish)
- Insomnia
- Loss of enjoyment of life
- Loss of consortium (also known as companionship)
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How Pain and Suffering Is Calculated
Because pain and suffering is a more subjective measurement of monetary compensation, different formulas exist to determine the most appropriate amount that should be awarded to a plaintiff.
The formula chosen may depend on the jurisdiction, the evidence available, and the extent of the injuries.
The Per Diem Method
“Per diem” refers to a specific allowance that the plaintiff can receive each day until their injuries are healed or the plaintiff reaches “maximum medical improvement.” The daily amount assigned is multiplied by the number of days the plaintiff is expected to experience the injury. The sum is the total award amount.
The Multiplier Method
The multiplier method is a reflection of how severe the pain and suffering is relative to the monetary medical damages and lost wages incurred. To come up with a total amount of pain and suffering compensation, all of the monetary damages are added up, and then multiplied by a number. Typically, this number is between 1.5 and 5.
The benefit of using this method is that it can more accurately reflect longer-term injuries with pain and suffering that may be more difficult to quantify the value of based on a daily calculation.
How To Prove Pain and Suffering
Unlike economic damages that can be proven by submitting receipts to arrive at a specific amount owed to the plaintiff, pain and suffering can be more difficult to both prove and determine.
As such, a personal injury lawyer will gather evidence from a variety of sources to demonstrate that compensation for pain and suffering is warranted. Proving pain and suffering may involve gathering the following types of evidence:
- Medical records: Keeping track of medical expenses is imperative in using the multiplier method. Notes from doctors and medical history can also be used to calculate the life impact of the injuries.
- Witness testimony: Testimony from the plaintiff, along with accounts from medical experts and mental health professionals, can help establish a pain and suffering baseline.
- Journals: It’s advisable to keep detailed records of the pain and suffering experienced. A daily journal outlining pain levels, how the incident has affected one’s daily routine, and whether the injury has affected the ability to sleep, engage in hobbies or perform at work can all be instrumental in establishing the extent of pain and suffering.
- Photographic evidence: As the saying goes, a picture is worth a thousand words, so having an image of the injury can be incredibly compelling. An attorney may also recommend filming a “day in the life” video to demonstrate how life has changed post-incident.
Generally speaking, the more evidence that can be collected and presented to an insurance company or jury, the better. A personal injury attorney will look at as many forms of evidence as possible to create a narration about how the injury has adversely impacted the plaintiff’s life.
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Pain and Suffering vs. Emotional Distress
Pain and suffering and emotional distress are both forms of non-economic damages that may be compensable in a tort claim. The key difference between the two terms has to do with specificity. While pain and suffering is more of an umbrella term that generalizes a variety of damages, emotional distress is a category within pain and suffering.
In other words, pain and suffering is a broader concept that encompasses both physical pain and mental suffering. A person can claim both pain and suffering and emotional distress as part of a personal injury lawsuit. Because these are both somewhat abstract concepts, there need not be an obvious distinction between the two.
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Contact an Experienced Personal Injury Lawyer
Compensation for pain and suffering can be significant, but these damages are not awarded automatically. An experienced attorney can help you claim pain and suffering and other non-economic damages as part of your personal injury case. They can collect solid evidence to show how the accident has negatively impacted your life and how financial compensation could assist you.
To find out how much your case may be worth contact Accident Hotline at 888-340-7454 for a free consultation.
For a free consultation, call 888-340-7454