When most people think of personal injury cases, they think of physical injuries sustained in an accident. While these types of injuries are certainly grounds for a personal injury claim, there is another type of damage that can also be compensated: pain and suffering. Pain and suffering are invisible consequences of a personal injury. The friends and family of the injured person will also go through some pain and suffering and are eligible for compensation. But what exactly are pain and suffering? In this blog post, we’ll take a closer look at this type of injury and how it’s evaluated in a personal injury case.
What are Pain and Suffering?
Pain and suffering are a type of non-economic damages that can be awarded in a personal injury case, unlike economic damages—which reimburse an injured person for financial losses such as medical bills and lost wages—non-economic damages are intended to compensate an injured person for more intangible losses such as pain, suffering, and emotional distress. Visit dolmanlaw.com for more valuable information.
There is no hard-and-fast rule for how much an injured person can recover when it comes to pain and suffering. Instead, the amount of pain and suffering damages will depend on each case’s specific facts and circumstances. For example, an injured person who sustained serious physical injuries in an accident may be able to recover more in pain and suffering damages than someone who sustained only minor injuries.
Hiring an expert attorney to evaluate the damages in such cases is advised. As it’s not a tangible loss, exact financial estimation is difficult. However, an attorney knows how to evaluate such losses based on your medical bills and lost earnings. They will also consider the emotional toll of the situation, which is an essential aspect of a pain and suffering claim.
Calculation of Pain and Suffering
The calculation of pain and suffering in a personal injury case can vary, but it is often calculated using either the multiplier method or the per diem method.
Multiplier Method
In the multiplier method, the total amount of economic damages (such as medical bills and lost wages) are multiplied by a number between 1.5 and 5, depending on the severity of the injuries.
Per Diem Method
In the per diem method, a daily dollar amount is assigned to the victim’s pain and suffering based on the severity of their injuries. Insurance companies may also use other methods for calculating pain and suffering. Ultimately, the compensation amount for pain and suffering will depend on each case’s specific facts and circumstances.
Pain and suffering damages compensate personal injury victims for more intangible losses such as pain, suffering, and emotional distress. There is no hard-and-fast rule for how these damages are calculated; instead, the amount will depend on each case’s specific facts and circumstances. If you have been injured in an accident, contact a personal injury attorney to discuss your case and learn more about your legal options.