After a personal injury, you’re typically entitled to claim compensation for two types of damages; economic and non-economic.
Economic damages are usually easy to quantify, and commonly include medical bills and lost wages. Non-economic damages on the other hand are difficult to measure, and often include pain and suffering.
But what exactly is pain and suffering? How do you even measure, and claim compensation for pain and suffering? This is usually a gray area for most people which is why this article will explore what it is, and how it is calculated.
There’s no definition set in stone for pain and suffering in the legal realm, but it typically refers to the physical pain caused by an auto accident, or any other personal injury incident. It also refers to the mental anguish or the psychological effects caused by the accident.
In other words, pain and suffering in a personal
injury case refers to the physical and emotional agony resulting from an injury.
The primary difference between economic damages and pain and suffering is that while the former can be calculated to the penny, the latter is entirely subjective. Here are a few examples of what qualifies as pain and suffering in a personal injury case:
As mentioned, pain and suffering is entirely subjective. There’s no direct way to value an individual’s pain or suffering after a personal injury accident. That is why the following methods are used:
In this method, it’s assumed that your pain and suffering is worth a multiple of your total economic damages (medical bills, and the lost wages.) In most cases, the multiple applies is usually between 1.5 and 4 depending on the severity of the accident.
For instance if your total economic damages add up to $20,000 and 2 is the multiplier applied, your pain and suffering damages will be worth about $40,000.
Most pain and suffering compensations are usually between 1.5 and 2, but if your accident results in severe, or lifelong injuries, you may qualify for a higher multiplier, and consequently, better compensation. That’s why it’s critical you have a qualified personal injury attorney by your side while pursuing these type of damages.
Per diem means “by the day”. When an insurance companies compensates your pain and suffering with this method you get a certain amount each day for your pain and anguish until maximum recovery is attained. The most common amount you may get using this method is usually $100 per day.
You are entitled to compensation for pain and suffering damages just as you are to economic damages. However, as mentioned, this is a rather grey area because you cannot directly give value to your pain or your suffering after an accident.
Hiring an experienced personal injury attorney is the key to getting your rightful compensation. This is because they’re already well-versed with the topic, and they’ll know how to go about it to help you get a justified compensation. Get in touch with our office today for a free consultation on this type of damages.
blogs
Five Helpful Facts and Tips About Pedestrian Accidents
The pedestrian fatality rate in Arizona is more than double that of the national average, at 1.61 pedestrian deaths per 100,000 people. Most of these are male pedestrians, killed at a rate of almost three times as much as female pedestrians. Keeping pedestrians safe is everyone’s job, but as a pedestrian, you should understand the […]
Keeping Older Drivers Safe
A lot of us have had to have a talk with our grandparents or parents about how they are on the road. There comes a time when caring for yourself can become difficult, as an older person, especially when driving. What can you do to ensure the older person in your life is being safe […]
Introducing MADD
As it says on their website, “the mission of Mothers Against Drunk Driving (MADD) is to end drunk driving, help fight drugged driving, support the victims of these violent crimes, and prevent underage drinking.” And these mothers and their supporters work tirelessly to improve policy and law-making, and they are a force to be reckoned […]
Winter Driving Safety Tips
Having your winter tires installed on your car and packing a windshield scraper is a good start to being prepared to drive in the winter, but as the cold weather gets harsher, the driving conditions get worse. With this comes the tendency for some people to overcorrect or not know how to stop properly, or […]
Five Apps for Bicyclists
Bicycle accidents happen all the time in the United States, and practicing bicycle safety is relatively simple – it just involves a lot of mindful riding and the safest possible equipment. Another part of safe bicycle riding is making sure you have your routes planned out and, in the case of an emergency, it doesn’t […]
Bicycle Safety in California
In a lot of ways, California is known as the driving capital of America, if not the world. Where else are so many people absolutely defined by their vehicles, their routes to work, and even their carbon footprint for transportation? The state requires some of the most stringent emission requirements across the nation and is […]
Accidents with the Uninsured
Let’s say the worst happens and you find yourself in a serious car accident. Even if everything after the crash goes according to plan, it is a difficult and confusing process. But if you add to all this the fact that the other person is not insured, you could be left facing an absolute nightmare. […]
How Truck Accidents are Different from Car Crashes
Even though all types of auto accident are dangerous and have the potential to cause life-altering injuries, truck accidents are nearly, if not always catastrophic or fatal. Unfortunately, they’re becoming quite common. According to the Truck Safety Coalition, about 5,000 people died in truck crashes last year, marking a 46% increase in truck crash deaths […]
Workman’s Compensation and COVID in California
This past year has redefined a lot of things we usually take for granted. We’ve experienced new definitions of work, and even health, in general. Between telecommuting, staggered shifts, and widespread relocation, the face of business has changed rapidly. We have seen the rise of “essential workers” and “heroes” among our everyday neighbors and friends. […]
Rearview Cameras and You
While it was in 2018 that the rearview camera requirement went into effect on all new vehicles, the whole debate started in 2008. That was the year Congress passed a law for automakers to take steps to increase visibility. The debate was prompted by a horrible tragedy where a father accidentally backed over his infant […]
contact form
