They may have to deal with steep medical bills, a loss of income, and various out-of-pocket expenses.
But not all damages are financial.
Many victims also experience non-economic damages like excruciating physical pain, ongoing emotional distress, and other non-monetary damages that affect their overall quality of life.
In the article below, we will discuss what things are considered compensation for pain and suffering.
Table Of Contents
The two main damages after a personal injury accident are economic and non-economic damages.
Economic damages cover the actual financial losses after an accident, like medical expenses and personal property damage.
Economic damages are out-of-pocket expenses that result from your accident.
Non-economic damages are harder to assign a dollar amount to.
These costs are often referred to as pain and suffering.
Pain and suffering covers the emotional and psychological side of an injury.
Personal injury accidents can cause extreme pain and suffering to accident victims.
A burn injury, for example, can damage and potentially destroy your nerves.
Broken bones can cause pain, stiffness, soreness, swelling, and mobility issues.
You can request compensation for the physical pain and discomfort you feel due to your injury.
This also includes the foreseeable suffering you will have to endure due to pain or chronic pain in the future.
Emotional injuries after a traumatic event include stress, anxiety, depression, humiliation, mental anguish, loss of enjoyment of life, and post-traumatic stress disorder (PTSD).
The majority of personal injury accidents result in emotional distress in one or more forms, either temporary or long-term.
Emotional damages cover a victim's overall mental, emotional, or psychological trauma, and happiness.
As part of a personal injury claim, a loss of consortium action is typically a standalone claim.
They are brought by the spouse or family member of a person injured or killed due to a negligent or intentional action.
Due to the defendant's conduct, the person who has been injured or killed cannot provide their spouse or family member with any of the things they used to be able to provide before the accident.
That means the spouse or family member of the injured person can file a personal injury lawsuit or claim for their losses.
Claims for loss of consortium are typically not awarded unless the injured person dies or suffers a severe, long-lasting, or permanent injury.
To establish pain and suffering you need proper documentation and evidence to support the claim.
Supporting evidence may include:
The more evidence you have, the better.
The insurance company, judge, or jury will see how this accident negatively impacted your life due to pain and suffering.
While you could collect most of this evidence yourself, hiring a lawyer to help you with the case will allow you to focus on your recovery.
Let's say you were involved in a car accident and suffered multiple broken bones along with traumatic brain injuries.
As a result, you become depressed and angry, have difficulty sleeping, and experience a significant loss of appetite.
Because of that, you see a psychologist and a therapist.
Your issues are directly related to the accident, so you are entitled to compensation for mental pain and suffering.
Mental pain and suffering can also prevent you from returning to work even after your physical injuries have healed.
Or, let's say you're in a car accident and suffer a back strain.
As a result, you can't exercise for several weeks or run a marathon you've been training for.
This leaves you angry, frustrated, unhappy, and depressed.
You may not need mental health assistance, but these effects still qualify as mental pain and suffering.
Every personal injury case is different so the calculations regarding pain and suffering depend on the facts and circumstances of your case.
There are two different ways to calculate pain and suffering in a personal injury case.
The first way is the multiplier method.
The multiplier method is when the actual damages are multiplied by a number that depends on the severity of your injury.
The multiplier is usually between one and five.
The per diem method assigns a specific dollar amount to every day from the day of the accident to the day you reach maximum medical recovery.
Maximum recovery is when a medical professional does not expect a victim's condition to improve any further.
It can take a long time to reach MMI if you suffer severe injuries.
Determining if an insurance company's offer typically requires advice from an experienced personal injury attorney.
An attorney familiar with personal injury law can provide you with an estimate of your pain and suffering damages after a free consultation.
You shouldn't accept an insurance settlement without first discussing it with a personal injury lawyer.
You likely want a quick settlement so you can move on with your life, but the first offer you get is usually inadequate.
Insurers are focused on preserving their profits and you could accept an offer that doesn't cover all of your damages.
A lawyer can help you avoid making mistakes and losing out on what's yours.
Timely action is crucial for getting what you deserve.
In some states, the deadline for filing a suit can be as short as a year.
Contacting a lawyer as soon as possible can ensure you receive maximum compensation.
Your attorney will get to work right away and build a comprehensive case against the defendant.
If the insurance company refuses to give you what you deserve, your lawyer will take them to court and fight aggressively for what you need to go on with your life.
Helping The Hurt has a team of committed attorneys to help you receive the pain and suffering compensation you deserve.
You should never have to handle a legal case alone.
If you or a loved one needs help after an accident, please click on the button below for a free case review with one of our expert car accident lawyers.
References:
https://autojusticeattorney.com/pain-suffering-semi-truck-accident/
https://www.alllaw.com/articles/nolo/personal-injury/compensation-spouse-family-loss-consortium-claim.html
https://www.virginiasinjurylawyers.com/faqs/what-is-considered-pain-and-suffering-in-an-accident-claim/
https://www.nolo.com/legal-encyclopedia/what-pain-suffering-personal-injury-case.html
https://bencrump.com/faqs/what-qualifies-as-pain-and-suffering/
https://www.forthepeople.com/personal-injury-lawsuits/what-is-a-fair-settlement-for-pain-and-suffering/