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.
What is Pain and Suffering in a Personal Injury Case?
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.
Examples of pain and Suffering
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:
- Physical pain
- Anger
- Nervousness
- PTSD
- Indignity
- Loss of companionship
- Depression
- Embarrassment
- Emotional distress loved ones go through should the injury cause loss of life
- Anxiety
How Pain and Suffering Claims are calculated
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:
The Multiplier Method
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
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.
Get an Experienced Personal Injury Attorney
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.
