Personal Injury: Understanding Pain And Suffering


In many personal injury cases, claimants are entitled to economic and non-economic damages. Economic damages are easy to quantify and include medical expenses and lost income, whereas non-economic damages involve complex considerations. One of the main forms of non-economic damages is pain and suffering. To claim pain and suffering, it's essential to hire personal injury lawyers. Here are some basic aspects of pain and suffering.

What's Pain and Suffering?

The two types of pain and suffering are physical and mental pain and suffering. Physical pain and suffering imply physical injuries. Physical pain does not only cover the current pain and discomfort you are feeling, but it also includes the long-term effects you're likely to endure in the future.

Mental pain and suffering are a byproduct of your physical injuries. Mental pain and suffering may be in the form of emotional distress, fear, anxiety, anger, humiliation, shock, loss of enjoyment of life, and mental anguish. Generally, it represents any negative emotion you suffer from after an accident. Like physical pain and suffering, it also covers the long-term effects you're likely to endure in the future.

How's the Amount of Pain and Suffering Determined?

Pain and suffering are often determined using the multiplier method. This is an equation where all actual damages are added and multiplied by a number ranging between 1.5 to 5. The higher the number or multiplier used to calculate damages, the higher the degree of your pain and suffering.

For example, for serious injuries, the multiplier will be close to 5. Some of the factors used to determine the right multiplier for pain and suffering include the severity of your injuries and the obviousness of the defendant's fault. Other considerations include the period of recovery and proof of pain and suffering. 

How Do You Prove Pain and Suffering?

To succeed in proving pain and suffering, your lawyer will use your medical records. These documents will be crucial in showing the extent of your injuries. The records will also explain the recovery period, which is vital in determining the damage award for pain and suffering.

It's advisable to document and report any post-accident experience to strengthen your claim for pain and suffering damages. In some cases, your personal injury attorneys may use a medical expert as a witness to explain the nature and impact of your injuries. For example, if you have suffered from post-traumatic stress disorder (PTSD), a psychologist can be used as a witness to help the court understand the connection between your injuries and your mental condition. Contact a personal injury attorney for more information.


19 February 2021

Your Questions Answered About Accident and Personal Injury Attorneys

When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.