When someone suffers a personal injury, the impact goes beyond medical bills and lost wages. Pain and suffering often become a significant part of the experience, affecting both physical health and emotional well-being. Compensation for pain and suffering is an essential aspect of many personal injury claims, designed to address the non-economic damages victims endure.
Our friends at Cohen Injury Law Group P.C. explain that while calculating these damages can be more subjective than medical expenses, they are no less important in ensuring victims receive fair compensation.
What Is Pain And Suffering?
Pain and suffering refer to the physical and emotional distress caused by an injury. This can include ongoing discomfort, chronic pain, or the limitations imposed by a physical injury. For example, a broken leg might not only result in medical expenses but also prevent someone from participating in hobbies or activities they once enjoyed, causing frustration and emotional strain.
Emotional suffering can manifest in various ways, such as anxiety, depression, or trauma resulting from the accident. These feelings can be just as debilitating as physical injuries, influencing relationships, work performance, and overall quality of life.
Factors That Influence Compensation
Compensation for pain and suffering isn’t determined by a single formula. Instead, it often depends on the severity of the injury, the length of recovery, and the impact on the victim’s daily life.
For instance, a car accident victim who sustains a mild concussion might recover within weeks, while someone with spinal injuries could face years of physical therapy and permanent lifestyle changes. These differences influence the amount awarded for pain and suffering.
Insurance companies and courts may also consider the nature of the injury. Visible injuries, such as scarring or amputations, are often easier to quantify in terms of pain and suffering because their impact is readily apparent.
How Pain And Suffering Are Calculated
There are two common methods used to calculate pain and suffering: the multiplier method and the per diem method.
The multiplier method involves adding up economic damages, such as medical bills and lost wages, and multiplying that figure by a number typically between 1.5 and 5. The multiplier depends on the severity of the injury and its impact on the victim’s life.
The per diem method assigns a daily rate for the victim’s suffering and multiplies it by the number of days they are expected to endure pain. For example, if the daily rate is $100 and the victim suffers for 180 days, the compensation would be $18,000.
While these methods provide a starting point, each case is unique, and outcomes vary based on the circumstances.
Why Legal Guidance Matters
Pain and suffering damages are often a point of contention in personal injury claims, with insurance companies seeking to minimize payouts. Having a legal advocate on your side can make a significant difference in securing fair compensation.
If you or someone you love has been injured and is dealing with the aftermath of an accident, reach out to a trusted legal professional. A personal injury lawyer can help you understand your rights and work toward achieving a fair resolution. Contact a qualified attorney today to discuss your case and explore your options.
