When you’re injured in an accident, the physical pain is just one part of the challenge. Many victims also suffer from emotional distress, anxiety, and a reduced quality of life. In personal injury cases, these damages fall under pain and suffering, a critical factor in determining compensation. However, because these damages are not as easy to quantify as medical bills or lost wages, proving them requires strong evidence and legal expertise.
What Is Pain and Suffering?
Pain and suffering include both physical pain and emotional distress resulting from an injury. Examples include:
- Physical pain: Chronic pain, nerve damage, mobility issues, or long-term discomfort.
- Emotional distress: Anxiety, depression, PTSD, insomnia, or loss of enjoyment in daily life.
- Loss of quality of life: Being unable to participate in hobbies, perform daily tasks, or maintain relationships as before.
How Is Pain and Suffering Calculated?
Unlike medical bills or lost wages, pain and suffering do not have a fixed dollar amount. Courts and insurance companies often use two methods to calculate compensation:
- Multiplier Method: The total economic damages (medical bills, lost wages) are multiplied by a number (typically 1.5 to 5), depending on how severe the suffering is.
- Per Diem Method: A daily rate is assigned to the victim’s suffering and multiplied by the number of days they experience pain due to the accident.
Proving Pain and Suffering
To receive fair compensation, you must provide evidence of your suffering, such as:
- Medical records documenting your injuries and treatments.
- Therapist or doctor notes detailing emotional distress.
- Personal journals describing daily pain levels and struggles.
- Testimonies from family, friends, or experts confirming the impact of the injury.
Why Legal Help Matters
Insurance companies often minimize pain and suffering claims to reduce payouts. A personal injury attorney will help you gather all the evidence, negotiate with insurers, and make sure you receive the compensation you deserve.
If you’ve been injured and are struggling with pain and emotional distress, don’t settle for less than you’re owed. Contact us today for a consultation!
