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 Products for Increased Bicycle Safety
Bicycle accidents are unfortunately increasingly common in both California and Arizona, causing many to seek damages to compensate for their losses. Defensive driving and being aware of your surroundings are the best tools for safety, as is making sure your bicycle is properly maintained, making sure to wear a helmet, and obeying all street laws […]
Safety and Defensive Driving Tips for Truck Drivers
The old saying goes, the best offense is a good defense. According to research, accidents caused by big rigs or the 18-wheelers have increased by 52% since 2009. Safe and defensive driving involves saving lives, time, and money regardless of the conditions around you or other road users. Defensive driving for truck drivers goes beyond […]
Tips for Driving in the Rain
Especially in areas like LA, where rainfall is not as popular an occurrence, drivers can seem to lose their minds as soon as the first drop hits the pavement. Every year, an estimated 21% of all crashes are related to weather conditions. You need to keep yourself and your family safe on the road, no […]
Top 5 Reasons Why You Need a Personal Injury Lawyer
Accidents happen almost every time and sometimes so fast that you don’t have time to figure out the way forward. True, you might end up feeling stressed up because of the piling medical bills. The pilling finances might drain you, thus rendering you unable to work. Statistics reveal that more than 31 million people are […]
The Most Unsafe Era for Pedestrians in 40 Years
Pedestrian safety is of utmost importance right now, and not just because pedestrians legally have the right of way in most places in the United States. Being asafer pedestrian is always key to avoiding injuries by being aware of ones surroundings and avoiding distractions, but as it stands, North Americans are not stemming the tide […]
Tips for Avoiding Motorcycle Accidents
Motorcycles as a mode of transportation are inherently moredangerous than others. Because of this, motorcycle drivers have an extra onus on them to be the safest drivers possible. Many motorcycle accidents are caused due to careless motorcycle driving, and while you may think you’re one of the safe ones, anyone can be caught off guard. […]
Five Things to Know About Bike Accidents in Arizona
Bicycling may be the way to go for sustainable transportation, but that’s all the more reason why anyone in Arizona should make sure to practice basic bicycle safety. Over 47 million people in the United States ride bicycles, and that number will likely increase as some urban centers move away from fossil fuels and even […]
Looking Out for Motorcycles
In 2019, the number of deaths caused by motorcycles was found to be 29 times that of deaths caused by cars. Motorcycles can go very fast, they have no sides to protect the rider, they are more difficult to see on the road and they do not perform well in bad weather. While it is […]
Slip and Fall Injuries in Arizona and California
In desert climates especially, some property managers have a tendency to not count on inclement weather when it comes to the upkeep of their properties. This means that, over time, things like rain and seismic shifts can slowly wear away at all kinds of surfaces, making them unsafe to walk on. While property managers may […]
Five Tips for Summer Road Trip Safety
Summer time means warmer weather, and that means road trip time. Whether you’re heading down the street or across the country, there’s always a potential obstacle waiting for you. There’s no reason not to put together a safety checklist, and practice safe driving habits before everything gets crazy. For proper road safety, you’ll want to […]
contact form
