Filing for Pain and Suffering Damages: What You Need to Know
Accidents can happen in a split second and change your life forever, leaving you with physical injuries and emotional and mental scars. If you’ve been hurt because of someone else’s actions—whether through negligence, recklessness, or intentional harm—you might be entitled to compensation. But understanding what you can claim is key, especially when it comes to pain and suffering damages and pursuing a pain and suffering claim.
What can you claim after an accident?
When you’re involved in an accident, the law allows you to seek compensatory damages to make you “whole” again. These damages are typically divided into two categories: monetary losses and non-monetary losses. Pain and suffering compensation is a significant aspect of non-monetary losses, addressing both physical and mental distress resulting from the accident.
Monetary Losses
Monetary losses, also known as economic damages, are financial costs directly tied to the accident. They include:
- Medical Expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and any future medical care related to the injury.
- Wage Loss: Income lost due to time off work during recovery.
- Loss of Earning Capacity: Reduced ability to earn income in the future due to long-term or permanent injuries.
- Property Loss: Damage to your vehicle or other personal property.
Example: If you’re injured in a car accident and incur $50,000 in medical bills, $10,000 in lost wages, and $15,000 in property damage, your total monetary losses would amount to $75,000.
Non-Monetary Losses
Non-monetary losses, or non-economic damages, compensate for intangible harms that don’t have a direct financial cost. They include:
- Pain and Suffering: Physical pain and emotional pain experienced due to the accident.
- Loss of Quality of Life: Reduced ability to enjoy daily activities and hobbies.
- Loss of Companionship: Strained relationships with family and friends due to the injury.
- Emotional Distress: Anxiety, depression, or psychological trauma resulting from the accident.
Example: Following the same accident, you may experience chronic pain, depression, and a diminished ability to engage in activities you once enjoyed. While these losses don’t have a price tag, they significantly impact your life.
What are pain and suffering damages?
Pain and suffering damages are a type of non-monetary loss intended to compensate you for the physical discomfort and emotional anguish resulting from an accident. These damages acknowledge that injuries can affect more than just your wallet—they can alter your quality of life, including the mental pain and suffering, such as emotional distress and psychological effects, that victims endure.
Physical Pain and Suffering
This encompasses the actual physical injuries sustained and the ongoing pain associated with them. It includes:
- Immediate pain from injuries at the time of the accident.
- Ongoing discomfort during the recovery process.
- Long-term or permanent physical impairments.
Emotional and Mental Suffering
Accidents can lead to significant physical and emotional pain, including psychological impacts such as:
- Emotional Distress: Anxiety, fear, or anger stemming from the accident.
- Depression: Feelings of hopelessness or loss of interest in activities.
- Post-Traumatic Stress Disorder (PTSD): Severe anxiety and flashbacks related to the traumatic event.
- Loss of Enjoyment: Inability to participate in hobbies or activities you once loved.
How pain and suffering differs from medical and financial damages
Pain and suffering damages are a separate component of a personal injury claim from medical and financial damages. While medical expenses and lost wages can be quantified and calculated with ease, pain and suffering damages are more subjective and require a deeper understanding of the victim’s physical and emotional experiences.
Medical damages include costs of medical treatment such as hospital bills, doctor visits and rehabilitation expenses. Financial damages include lost wages, property damage and other economic losses from the accident.
Whereas medical and financial damages focus on the economic and tangible aspects of a victim’s experience, pain and suffering damages focus on the non-economic, intangible aspects of a victim’s experience including physical pain, emotional distress, mental anguish and loss of enjoyment of life. These damages are meant to compensate the victim for the subjective, personal impact of the accident on their well being and quality of life.
How do you qualify for pain and suffering damages?
To claim pain and suffering damages, you must demonstrate that your injuries have led to significant physical or emotional harm. Here’s how you can establish your eligibility:
Proving pain is crucial in substantiating your claims, as it involves collecting robust documentation, testimonies, and evidence to demonstrate the profound impact of the injury on your life.
Severity of Injuries
- Medical Documentation: Comprehensive medical records detailing your injuries, treatments, and prognosis.
- Expert Testimony: Statements from medical professionals affirming the extent and impact of your injuries.
Impact on Daily Life
- Personal Testimony: Your own account of how the injuries have affected your life.
- Witness Statements: Observations from family, friends, or coworkers about changes in your behavior or abilities.
- Lifestyle Changes: Evidence showing reduced ability to engage in work, hobbies, or social activities.
Consistency and Credibility
- Accurate Records: Keeping a journal of your pain levels, emotional state, and daily limitations.
- Therapy Notes: Documentation from mental health professionals if you’re receiving psychological support.
By providing clear and consistent evidence, you strengthen your claim for pain and suffering damages.
What challenges will you face when claiming pain and suffering damages?
Calculating Pain and Suffering Damages
Calculating pain and suffering damages can be a complex and nuanced process, as it requires a thorough understanding of the victim’s experiences and the impact of the accident on their life. There are several methods used to calculate pain and suffering damages, including the multiplier method and the per diem method.
Multiplier Method
The multiplier method involves multiplying the total amount of medical expenses by a multiplier, typically between 1.5 and 5, to arrive at a pain and suffering settlement. The multiplier is determined by the severity of the accident, the extent of the injuries, and the impact on the victim’s daily life.
For example, if the total medical expenses for a broken rib are $5,000, the multiplier method might result in a pain and suffering settlement of $7,500 to $25,000, depending on the multiplier used.
Per Diem Method
The per diem method involves assigning a daily value to the victim’s pain and suffering, from the date of the accident to the date of maximum medical improvement. This method takes into account the duration of the victim’s suffering and the impact on their daily life.
For instance, if the victim suffered from chronic pain for 100 days, the per diem method might assign a daily value of $100, resulting in a total pain and suffering settlement of $10,000.
To successfully claim pain and suffering damages, it is crucial to prove pain by providing various forms of evidence such as photographs, medical records, and witness statements.
Challenges in claiming pain and suffering damages
Claiming pain and suffering damages can be difficult due to their subjective nature. Here are some common issues you might face:
Quantifying Non-Monetary Losses
Unlike medical bills, pain and suffering are harder to assign a dollar value. Methods like the multiplier and per diem approaches are often used to estimate the compensation, but there’s no fixed formula, leading to potential disputes.
Proving the Extent of Your Suffering
Insurance companies and opposing counsel may dispute your claims. They might argue that:
- Your injuries aren’t as severe as you claim.
- Your pain and suffering are due to pre-existing conditions.
- You’re exaggerating your emotional distress.
Legal Limitations
Some states cap non-economic damages (like pain and suffering), especially in medical malpractice cases. Additionally, if you’re found partially at fault for the accident, your compensation may be reduced.
Delays in Seeking Medical Attention
Waiting too long to seek medical care can weaken your claim by casting doubt on the seriousness of your injuries and creating gaps in your medical records.
Additional Considerations
Proper documentation, including medical records, expert testimonies, and personal journals, can strengthen your claim. However, it’s important to be aware that state laws vary, so local legal processes and limitations could affect your case.
Factors That Affect Pain and Suffering Damages
Several factors can affect the calculation of pain and suffering damages, including:
- Severity of the Accident: The more severe the accident, the higher the pain and suffering damages.
- Extent of the Injuries: The more extensive the injuries, the higher the pain and suffering damages.
- Impact on Daily Life: The greater the impact on the victim’s daily life, the higher the pain and suffering damages.
- Duration of Suffering: The longer the victim suffers, the higher the pain and suffering damages.
- State Laws and Regulations: State laws and regulations can affect the calculation of pain and suffering damages, including caps on damages and specific methodologies for calculation.
A personal injury lawyer can help you with these factors and make sure you get fair and reasonable compensation for your pain and suffering.
How Much Does It Cost to Hire an Attorney?
Most personal injury attorneys work on a contingency fee basis, which can help ease your financial burden. You pay nothing upfront, and the attorney’s fee is a percentage of your settlement or award, usually between 25% and 40%.
For example, if you receive a $200,000 settlement and the agreed fee is 33%, the attorney would collect $66,000 as their payment. This fee structure ensures that you only pay if you win your case, making it accessible for those who may not have the funds to pay for legal services upfront.
In some cases clients may be responsible for additional expenses on top of the contingency fee such as filing fees, cost of obtaining medical records and fees for hiring expert witnesses. These costs are usually deducted from your settlement after the attorney’s fee has been taken. Transparency is key in understanding all the costs and a good attorney will explain these costs during your initial consultation so you know what to expect.
Contact 1-800-THE-LAW2 for a Free Consultation
If you believe that you or a loved one has been harmed due to a healthcare provider’s negligence or mistakes, filing a claim can feel overwhelming. But you don’t have to go through it alone. We’re here to help you connect with guide you through the process and, depending on the specifics of your case, you may be able to seek compensation for the harm and suffering caused by medical malpractice.
Contact 1-800-THE-LAW2 for a free consultation with an attorney in our network. During this initial consultation, you’ll have the opportunity to discuss the details of your case and to learn more about what next steps you can take. If you decide against moving forward with the dispute, that’s okay — there’s no obligation to continue.
We look forward to assisting you!
