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
Tesla’s Brilliance in the Automobile Industry
Tesla Incorporation, founded by Elon Musk, is taking over the automobile industry with its emphasis on sustainable energy by manufacturing high-end electric vehicles. The company is known for its manufacture of high-end vehicles that are designed for speed and endurance. Below are a few ways Tesla and their brilliance with Elon Musk set the auto […]
Staying Safe at Amusement Parks
Every family knows the joys of a day at the amusement park – the thrill of the rollercoasters, the taste of fried foods and sweets, and the splashy fun of a water ride. And while there can be downsides, like waiting in long lines, getting sunburned, or listening to screaming kids, most of these complaints […]
Clearing Up Workers Compensation Misconceptions
If we hear the term “workers comp,” we probably feel like we understand the basics – if you get hurt on the job, you file for workers comp, you get time off to heal and hopefully a little extra something along with your salary to make it all easier. In an ideal world, sure, it […]
Four Arizona Workers’ Compensation Tips
If you live in Arizona and you suffer an injury while on the job, you should know your rights, in terms of representation, potential compensation, and the laws surrounding workers’ compensation. You should make sure to seek proper medical care, as well, and be certain to keep records of communications and treatments for future reference, […]
Personal Injury – Why You Should Never Wait
We’ve all been told to “walk it off” before. Whether it’s for a pain, injury or just not feeling well, a lot of people will be there to tell you it’s probably nothing. And while it is important to keep a positive mindset, you should also pay attention to your body and not push yourself […]
Basic Bike Safety
Since 2014, in Los Angeles, more than 180 bicyclists lost their lives when colliding with motor vehicles in and around Los Angeles. More than 50,000 bicyclists suffer serious injuries in such collisions nationally. Understanding some basic bike safety might help you better avoid accidents in the future. As bicycles increase in daily use for Americans, […]
What Causes Truck Tire Blowouts and What to Do When a Truck Tire Hits Your Car
18-wheeler trucks and other commercial vehicles are the backbone of our economy. They deliver nearly 70% of all freight transported annually, and account for over 700 billion of the country’s revenue annually. Just because they’re critical to our economy, it doesn’t make them less dangerous. For instance, although it’s not as bad as a truck […]
5 Things Cyclists Should Do After a Bike Accident in California
Biking, especially on a highway, is a fun and an adrenaline-filled way to keep fit and explore what California has to offer. At the same time, it’s also a dangerous activity as the chances of being rear-ended by a motorist in California are pretty high. Unfortunately, when a bicycle accident happens, most cyclists often have […]
How Dangerous Are Motorcycle Accidents?
Motorcyclists are more likely to die in a traffic accident than people inside passenger cars. In fact, they are 28 times more likely, due to a number of factors, including things like potential low visibility from the blind spots of other vehicles around them. Motorcycles are also most likely to be involved in collisions with […]
Common Land Rover Problems: When to Apply the Lemon Law
Range Rovers have an irresistible allure. One characterized by a sporty appearance, high performance, and luxurious interior. They also have a high safety rating, but it’s not uncommon for them to experience problems that render them as lemon. Some of the issues have led to recalls, and others are yet to be addressed by the […]
contact form
