What is fair compensation for pain and suffering in a personal injury case depends on each case’s specifics. Your personal injury lawyer can ensure you ask for enough compensation to:
- Cover both the physical and psychological disruption to your life
- Account for the suffering you have already endured
- Account for the suffering you will likely endure in the future
What is Pain and Suffering?
Pain and suffering is a legal term that refers to the physical pain and emotional trauma you wouldn’t have experienced had it not been for another person’s negligence or incompetence. It is a type of non-economic damage designed to compensate you for physical and emotional distress.
How do you know if you qualify for pain and suffering damages? Consider the following examples:
- A pedestrian is hit by a drunk driver. As a result of the event, they suffer from insomnia and are afraid to walk near roadways.
- A person breaks their hip in a slip and fall accident. The injury is physically painful and prevents them from ever being as mobile as they were before.
- A person is seriously injured in a boating accident. Their pain prevents them from performing daily tasks or supporting their family, which in turn causes emotional distress.
In each of these cases, the plaintiff would have a right to seek pain and suffering damages, in addition to personal injury compensation for things like:
- Medical expenses
- Property damage
- Reduced quality of life
- Loss of income and job benefits
How to Calculate Pain and Suffering Compensation
There are two main methods that personal injury attorneys use to calculate how much an accident survivor deserves for their pain and suffering.
The first method is the multiplier method. Your lawyer can add up all the money you’ve lost because of the accident, and then multiply that amount by anywhere from 1.5 to 5. The more serious your injuries, the higher the number they use.
The second method is the per diem method. Your Las Vegas personal injury lawyer can assign an amount for each day you are in pain. The longer it takes you to recover, the more you will end up asking for.
Which Method Is for You?
Each of these methods has pros and cons. Only a lawyer familiar with your case can decide which one is more likely to yield a fair amount of money.
If you have questions about how your attorney is calculating your damages, just ask. Your lawyer should explain all aspects of your case to your satisfaction.
Finding Evidence of Your Pain and Suffering
There are two parts to any pain and suffering settlement: past suffering and future suffering.
Past suffering encompasses all the symptoms you have already experienced (and may still be experiencing now), including:
- The fear and panic you experienced during the accident
- The pain of the initial injury
- The pain of going through certain types of treatment, like surgery
- The sadness and sense of loss that came with acknowledging and processing your injuries
Future suffering refers to any symptoms that will persist for years to come, such as:
- The pain of further treatments you have yet to undergo
- The continuing inability to do things you used to do, including taking care of your kids or getting dressed by yourself
- Continuing mental health symptoms, such as depression or insomnia
- Any increased pain or worsening symptoms caused by your health deteriorating over time
You can even collect pain and suffering compensation in a wrongful death lawsuit, assuming your deceased loved one never sued for this compensation themselves. In this case, your lawyer would have to prove that your loved one suffered before their passing.
Fair compensation for pain and suffering must include both past and future suffering, and you must ask for all of it in the same personal injury case. You cannot file a second suit later on if you realize you did not ask for appropriate compensation now.
Why You Deserve Pain and Suffering Compensation
The physical and psychological symptoms you experience could:
- Prevent you from going to work, which would alter your place and position in the family
- Affect your self-esteem and self-image
- Keep you from spending quality time with loved ones, friends, or your kids
- Force you to give up beloved hobbies, like sports, gardening, or hiking
- Cause feelings of sadness, anxiety, worthlessness, hopelessness, frustration, and anger
- Force you to hire someone to take care of your kids, your pets, your house, or your backyard
- Make it difficult or impossible for you to dress or bathe yourself, or do household chores like cooking or washing the dishes
Whether temporary or permanent, these losses and symptoms make you eligible for compensation. No one should have to go through this, especially not as the result of someone else’s reckless or careless behavior.
When You Deserve Pain and Suffering Compensation
You can sue for pain and suffering after any type of accident or incident, including those involving:
- Motor vehicle crashes (including boat crashes)
- Medical malpractice
- Nursing home abuse
- Dangerous drugs and other dangerous products
- Premises liability (including dog bites, swimming pool accidents, and slips and falls)
- Assault and battery
As long as you (or your lawyer) can find enough evidence to prove that the incident in question is the cause of your pain and suffering, you can seek pain and suffering damages for each of these accident types.
We Seek Fair Compensation for Our Clients
There is no fixed or average amount for what is considered fair compensation for pain and suffering in a personal injury case. Instead, you can allow our team to calculate how much you should seek for your injuries. Contact De Castroverde Accident & Injury Lawyers today to get a free case review.