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What Is Pain and Suffering Worth in a Personal Injury Case?
What is pain and suffering worth in a personal injury case? Personal injury attorneys at Do Law Office have all the answers you need. Reach out now for help!
Compensation for Pain and Suffering in a Personal Injury Claim
In personal injury cases, plaintiffs often seek compensation for pain and suffering in addition to economic damages such as medical expenses, property damage, and lost wages. However, it is not easy to quantify the pain and suffering endured after an unfortunate auto accident.
Calculating pain and suffering is complex and subjective, and it typically involves negotiations between the parties involved or, if necessary, a court decision. The amount awarded varies based on the severity of injuries, the impact on the person’s life, and other factors.
If you are a victim of someone else’s wrongdoing or negligence, you could use the help of a personal injury attorney to help you assess your damages and get fair compensation.
What Types of Pain and Suffering Can You Claim?
Pain and suffering is one of the non-economic damages personal injury victims can claim after an accident. It encompasses physical, mental, and emotional pain.
Physical pain can be the result of:
Loss of bodily functions
Long-term disabilities or an impairment that affects your daily life
Persistent pain and discomfort. This may be a direct result of the accident. It could also be from medical procedures you went through to deal with the physical injuries you sustained.
Severe disfigurement such as scars and burns
Accidents leave the victims with a lot of emotional and mental anguish. Here are the emotional and mental injuries that you may get compensation for:
Depression and anxiety
Post-traumatic stress disorder triggered by the accident
Feelings of anger, fear, humiliation and hopelessness
Reduced quality of life. A broken arm may prevent you from doing activities you enjoyed
Eating disorders and disturbed sleeping patterns due to emotional distress
Personal injury law allows victims to seek compensation for a variety of pain and suffering damages. An experienced attorney can help you understand your case better and calculate your damages accurately.
How Do You Prove Pain and Suffering?
People may empathize with you for the severe injuries they can see. However, you are the only one who can explain the pain and suffering you have endured. Therefore, proving pain and suffering may lie on your shoulders.
Here are tips to help you prove the level of pain and suffering you went through:
Document your visits with medical professionals. Medical records and notes from physical therapists and mental health professionals can show the impact of the accident on you.
Create a post-accident journal. Record how you are feeling and the challenges you are facing.
Provide your attorney with written notes and opinions from your doctor. They can shed light on how the injuries are affecting you and how they may affect you in the future.
Give your attorney a list of all your prescriptions for physical and mental pain.
Your family and loved ones may provide testimony about how the injuries affect your daily life.
Establish the effects of your physical injuries on your career.
Pain and suffering compensation is crucial not only to bring you justice but to help you get back on your feet financially. That is why you should show the judge or jurors how the pain and suffering altered your life.
How Is Pain and Suffering Calculated?
There are two common methods used to calculate pain and suffering damages: the multiplier method and the per diem method.
1.The Multiplier Method
To get pain and suffering damages, the at-fault party’s insurance company will add all the economic damages, then multiply the sum with a number between 1.5 and 5.
The sum will be multiplied by 5 if you suffered catastrophic injuries. Additionally, if the injuries made it impossible for you to return to work, the sum may also be multiplied by 5. However, if you suffered minor injuries, the sum is multiplied by 1.5.
2.The Per Diem Method
The per diem method calculates pain and suffering on a daily/ per diem rate. The insurer determines your daily wages and multiplies that with the days you lost wages. That means if your daily wages are $200 and you lose wages for ten days, your pain and suffering settlement is $2,000.
How Much Do You Get as Pain and Suffering Compensation?
It is impossible to put a set dollar amount on the pain and suffering caused by the accident. You are free to discuss with your personal injury lawyer and set the amount that you feel you deserve.
If your case goes to court, it is up to the jury to listen to your case and award what they feel you deserve, depending on your circumstances. Additionally, the judge may reduce or increase the settlement according to the law.
Talk to an attorney about personal injury law about what compensation to seek. Do not sign a personal injury settlement before your attorney goes through it. Insurance companies often make lowball offers to minimize victim payouts.
Do Law Office Can Help You
A car accident or any other accident can leave you in pain and suffering, in addition to all the physical damages you sustain. The last thing you want is to go through the long personal injury claim process. The good news is at the Do Law Office, we do the heavy lifting for you.
Our personal injury attorneys can help you file a personal injury claim and fight for you to get the compensation you deserve.
Contact us today and schedule a consultation. We can discuss how we can help you recover damages, including pain and suffering, lost wages, medical bills, and property damage.
What Is the Statute of Limitations on Personal Injury Lawsuits in Georgia?
It is vital to understand the statute of limitations of personal injury claims. If you suffered injuries and losses due to someone’s negligence, you must file your claim within two years.
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