If someone else hurt you, you may have the right to recover compensation from them for the physical discomfort and emotional trauma you experienced. Here’s how an attorney can put a fair value on the pain and suffering you endured.
What Is Pain and Suffering?
“Pain and suffering” refer to the physical and emotional anguish that a person may experience because of traumatic injuries, subsequent medical care, and mental distress. If someone else is to blame for this pain and suffering, that person may owe the victim financial compensation for them.
Methods for Calculating Pain and Suffering
Injuries have many different consequences. Some – like medical expenses, lost wages, and property damage – have obvious financial costs. Other, more subjective consequences do not – consequences such as pain and suffering. So, while accident victims may demand compensation for the pain and suffering they experienced, they will first need to translate this subjective experience into a dollar value.
One way to do so is through formulas like the multiplier and per diem methods. In the multiplier method, a number between 1.5 and 5 is multiplied by the financial cost of an injury to determine the total value of the claim. The more severe the injuries and disabilities, the higher the multiplier. In the per diem method, a value is placed on the daily expense of the pain and suffering, which is then multiplied by the number of days it took an injured victim to recover.
Another way to determine the value of pain and suffering is to reference past jury awards for similar personal injury cases in the area. When calculating pain and suffering compensation, courts typically instruct juries to use their experience and common sense to determine a fair value for the physical pain and emotional distress that an accident victim endured from their injuries.
How Do You Prove Pain and Suffering?
You will need substantial evidence to support your claim of pain and suffering before an insurance adjuster or court. Valuable evidence could include the following:
- Medical records of your treatment and rehabilitation, including records that document your complaints of pain or physical limitations
- Testimony from your treating doctors and physical therapists
- Your testimony about the pain your injuries and medical treatment have caused and how your injuries or disabilities have affected your life
- Testimony from family members, friends, and co-workers to corroborate and supplement your testimony about the adverse effects your injuries have had on your life
A lawyer can help you translate this evidence into a compelling argument that will convince an insurance adjuster or court of the pain and suffering you have experienced.
Contact a Personal Injury Attorney Today
Have you suffered an injury for which someone else is to blame? Has that injury caused you