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
Workman’s Compensation — When to Hire an Attorney
Workman’s Compensation is a right for all employees in California. It seems like a simple idea, and one designed with the workers’ best interests in mind. The truth, unfortunately, can be a lot more complicated than that. Avoid learning this lesson out the hard way by hiring a qualified attorney as soon as you are […]
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 […]
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 […]
5 Ways Parents can Encourage Safe Teen Driving
For teenagers, getting a driver’s license is a significant milestone. It marks the beginning of independence and instills a sense of responsibility. Most teen parents often share their children’s excitement but remain equally apprehensive since they’re well-aware of the dangers that come with driving. And they do have a perfectly valid reason to fret because […]
Five Products for Truck Driver Safety
Truck drivers are the backbone of the economy, and their safety is of the utmost importance. Not only are they at special risk of trafficaccidents, but truck driving comes with a host of other dangers. The easiest way to stay safe while driving any vehicle is being aware of your surroundings and making sure your […]
Personal Injury Lawsuits: What You Need to Know and how RS Law Office Can Help
Life is pretty unpredictable. One minute you’re healthy and bubbly, the next one you are nursing an injury due to someone else’s negligence. But the fact that life is unpredictable does not in any way reduce the pain and confusion that may arise when you find yourself in harm’s way due to another person’s negligence. […]
Tips for Avoiding Car Accidents
Whether you’re driving in a place where the environment is a little more driver-friendly, or if you’re somewhere where the weather poses a driving hazard, you can’t go wrong having a working knowledge of how best to avoid accidents. In 2020 alone, there were nearly 36,000 fatal motor vehicle accidents in the United States. Those […]
Motorcycle Safety Tips
Riding a motorcycle is exhilarating and freeing. It also can be quite dangerous. Equip yourself with preparedness to ensure every trip you take ends only with a smile and a safe arrival. As always, if the unfortunate does happen, navigating the aftermath of a motorcycle accident is a large undertaking. We are here to help […]
Top 5 Causes of Pedestrian Accidents
A vehicle hitting a pedestrian can be termed one of the most traumatic accidents one could ever experience. Yet, it happens so regularly. According to the CDC, over 5,000 pedestrians die in car accidents annually, while an estimated 137,000 others visit the ER for non-fatal accidents. This makes one wonder, what spurs pedestrian accidents? Read […]
What to Know About Arizona’s Lemon Law
Like many other states, Arizona has a Lemon Law in place to help protect consumers who buy faulty vehicles from being stuck with them with no recourse. Arizona’s lemon law, though, is a little different from other states, with certain restrictions in place that are specific to Arizona. Here are a few basic guidelines to […]
contact form
