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
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 […]
Five Pedestrian Accident Facts
Some numbers have Arizona as the most dangerous state in the U.S. when it comes to pedestrians. They are in the most danger by simply being outnumbered, which means accidents are likely to rise as the number of automobiles on the road continues to rise. It is important for you to not only understand how […]
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 […]
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 […]
Who is Liable in a Motorcycle Accident?
Motorcycles provide less inherent safety than vehicles. As a result, motorcycle accidents have a greater impact on the motorcyclist than a motorist driving a car. According to the NHTSA motorcyclists are 28 times more likely to die than car occupants in a crash per vehicle mile traveled. Identifying the party at fault is critical to […]
4 Common Mistakes that Ruin Workers Compensation Claims
Thousands of workers are injured annually while at the workplace. According to the Bureau of Labor Statistics, one worker succumbed to workplace injuries every 99 minutes in 2019, while over 99,000 others retained non-fatal injuries. Despite the prevalence of workplace injuries and the increasing number of workers compensation claims, only a few victims are usually […]
Understanding California’s Lemon Law
Under California’s Lemon Law, you are protected as a consumer when a vehicle you have purchased is deemed defective and cannot be repaired after a reasonable number of repair attempts. This helps keeps dangerous vehicles off the road, leads you with legal recourse if you are sold a faulty vehicle, and helps get you back […]
Involved In A Car Accident? Here’s Why You Should Engage a Car Accident Lawyer
It is never easy to live a normal life after surviving the horrors of a severe car wreck. In the United States alone, millions of individuals get injured in car accidents every year. According to research, most of these disasters are caused by several factors that include speeding, inattentive driving, inexperienced driving, reckless driving, and […]
More Apps for Increased Rideshare Safety
If every ride you take is just you and an unknown driver, it doesn’t hurt to look into your safety options. And while any unsure situation could potentially turn dangerous, you can do yourself a favor by finding helpful methods for letting people know where you are and where you’re going to be, and generally […]
Tips for Avoiding Slip & Fall Accidents
Slipping and falling is hilarious in the movies and on TV, but when you enter the real world, slipsand falls are some of the most dangerous causes of personal injuries one can experience outside of a vehicle accident. Slip and fall accidents can happen anywhere and for many reasons – a simple spill, a loose […]
contact form
