Pain and Suffering Damages In Personal Injury Cases
Being on the road can be very unpredictable. No matter how careful you are, accidents can still happen. Car accidents, no matter how minor, can cause not only physical personal injuries but also pain and suffering, emotional trauma, mental anguish, agony, and discomfort.
These types of injuries—pain and suffering, emotional distress, and mental anguish—are classified as “non-economic damages“ in a personal injury lawsuit.
As the victim of an accident, you may be eligible for financial compensation to help cover the cost of your medical bills, lost wages from time off work due to your injury, and of course, pain and suffering.
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What is Pain and Suffering?
Pain and suffering, in legal terms, is a type of non-economic damage that refers to the physical and emotional distress that a personal injury victim experiences after a personal injury accident.
Pain and suffering makes it difficult, and sometimes impossible, to live a normal life. Pain and suffering may also cause you to be unable to fulfill your job duties for an extended period of time. Pain and suffering can also cause lost wages and missed opportunities for career advancement.
There are two main types of pain and suffering:
Physical Pain
Physical pain can include any discomfort or suffering that a person experiences due to personal injuries, such as chronic pain, nerve damage, or any other type of physical pain caused by a personal injury accident.
Mental Or Emotional Suffering
Emotional suffering can include the emotional distress that a person may suffer, such as depression, anxiety, and fear. These emotional damages can be just as crippling as physical car accident injuries.
How Is Pain and Suffering Calculated in Personal Injury Claims?
Compensation for pain and suffering is typically paid as part of a personal injury settlement. The severity of the injuries sustained, and their impact on the victim’s life are crucial factors in determining the amount of financial compensation that will be paid.
Several methods are used to calculate non-economic damages, including the multiplier and per diem methods.
Multiplier
In the multiplier method, the victim’s economic damages, such as medical expenses and lost wages, are multiplied by a factor based on the severity of the injuries sustained. The higher the multiplier, the greater the compensation you’ll receive for your pain and suffering.
For example, if your medical bills come to $10,000 and the multiplier for your case is 3, you would likely receive $30,000 for your pain and suffering.
Per Diem
The per diem method, on the other hand, involves assigning a daily value to your pain and suffering based on factors such as the severity of your injuries and how long they’re likely to last.
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What are the factors in determining the appropriate compensation for pain and suffering?
Determining the appropriate compensation can be a complex process, as many other factors can come into play when calculating compensation for pain and suffering. Some key factors that are typically considered include:
The Severity Of The Injury
The more severe the injury, the higher the compensation for pain and suffering is likely to be. For example, someone who has suffered a catastrophic injury that has left them paralyzed or with a traumatic brain damage will likely receive more compensation than someone who has suffered a minor wound that has fully healed.
Duration Of Pain And Suffering
The length of time that the individual is expected to experience pain and suffering is also a key factor. If the pain and suffering are expected to last for a long time or be permanent, the compensation amount will likely be higher.
Emotional Distress
Emotional distress caused by the injury, such as anxiety, depression, or post-traumatic stress disorder, can also factor into the compensation amount. This is particularly true in a personal injury case where the injury has resulted in significant emotional trauma.
Impact On Quality Of Life
If the injury has had a significant impact on the individual’s quality of life, such as affecting their ability to perform daily activities or participate in hobbies they previously enjoyed, this can also be factored into the compensation amount.
Age And Occupation
The individual’s age and occupation can also impact the compensation amount. Younger individuals who have suffered an injury that is likely to have a long-term impact on their ability to work or enjoy life may receive higher compensation amounts than older individuals.
Ultimately, the appropriate compensation amount for pain and suffering will depend on the case’s specific circumstances. Our personal injury attorneys can help individuals understand the factors that are most likely to impact their compensation amount and work to ensure they receive the maximum compensation possible.
Pain And Suffering FAQs
What is the formula for pain and suffering?
There really isn’t a formula or calculator for computing pain and suffering in legal cases. When determining the amount of compensation to award for pain and suffering, a variety of factors may be taken into consideration, such as the severity of the injury, the duration of the pain, the impact on the victim’s quality of life, and any ongoing medical treatment or therapy required.
Ultimately, the amount awarded for pain and suffering is determined by a judge or jury and is based on the unique circumstances of each case.
Can you sue an estate for pain and suffering?
It is possible to sue an estate for pain and suffering. If the deceased person was responsible for causing the injury or harm that led to the pain and suffering, their estate may be liable for the damages.
It is important to note that the process of suing an estate can quickly become complicated, and we strongly advise you to get the assistance of an experienced personal injury attorney. The amount of compensation that can be recovered may be limited by the estate’s assets and any applicable insurance coverage, so it’s crucial to hire an experienced personal injury lawyer who can help you maximize the payment you receive.
Is pain and suffering separate from medical bills?
Yes. Insurance adjusters calculate pain and suffering separate from medical bills, lost wages, property damage, etc.
If the case goes to trial, the jury will be asked to determine how much compensation should be paid for each category of damages. Pain and suffering is in a class of damages that is separate from medical bills, physical impairment, lost wages, etc.
Can you sue your insurance company for pain and suffering?
Usually, the at-fault person’s insurance company will have to pay you for pain and suffering and other damages.
However, you will have to file a personal injury claim with your own insurance company and possibly sue them if your case involves uninsured motorist or underinsured motorist coverage. It is essential to consult with an experienced attorney to determine the specific legal options available in an uninsured motorist case.
Is pain and suffering taxable?
No. According to the Internal Revenue Service (IRS), compensation received for physical injury, illness, and pain and suffering is typically not considered taxable income, and except for punitive damages, all settlements and jury awards are not viewed as income.
The law views settlements and jury awards as compensation that “makes you whole” or puts you in the position you would’ve been in if the accident and injuries did not happen. Punitive damages, however, are taxable. It is essential to consult with a tax professional for more information on how awards may be treated under the tax law.
How Can Allbee Law Firm Help with Your Pain and Suffering?
Car accidents, no matter how minor, are always complicated issues. And while there’s no way to make a pain and suffering claim less distressing, hiring a good law firm can make the whole process go smoother and increase the amount of compensation you receive.
Allbee Law Firm can help you in several ways. First, we can evaluate your case to determine whether you have a valid claim for compensation for pain and suffering. We will review your medical records and any other evidence related to your injury to determine the extent of your pain and suffering.
Once we have determined that you have a valid claim, we will work with you to gather evidence and build a strong case. This may include collecting witness statements, medical records, and other proof that supports your pain and suffering claim.
With years of experience handling car accident cases and injuries, our attorneys excel at conveying your suffering to the jury. By vividly illustrating the life you once had and the quality of life you have lost, our personal injury attorneys can effectively persuade the jury that it is only just for you to receive financial compensation from the people who caused you physical and emotional pain.
Contact Allbee Law Firm for Your Pain and Suffering Today
As you focus on recovering, Allbee Law Firm will handle the settlement, negotiation, and court case. We will ensure that you get the maximum compensation you deserve for your pain and suffering. Don’t let your injuries go unacknowledged. Contact Allbee Law Firm (972) 848-4848 today to get started on your personal injury case.
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