How Do Pain And Suffering Damages Work In Personal Injury Claims?
How Do Pain and Suffering Damages Work in Personal Injury Claims?
Getting fair compensation after an accident that wasn’t your fault is never easy. Getting compensation that includes the value of your pain and suffering is even more complicated.
In this blog, the team of personal injury attorneys at Myers Law Firm outlines what damages are, how pain and suffering factor into your compensation after an accident, and how to get the justice you deserve.
What Are Personal Injury Damages and What Do They Cover?
In a personal injury claim, the term “damages” refers to any losses you have incurred due to the crash. This cost is often a literal financial cost — including medical bills, surgeries, medications, physical therapy, lost wages, and even the cost of replacing or repairing property damaged in the crash.
However, “cost” can also include the emotional and physical toll the crash takes on your life. This is known as pain and suffering damages.
Pain and suffering fall into two groups: mental anguish and physical pain. Many victims who need to pursue personal injury claims experience a great deal of pain and suffering as they recover from injuries.
Common pain and suffering damages include:
- Physical pain from injuries
- Loss of ability to do the things you enjoy
- Panic attacks
- Flashbacks to the crash or event (PTSD)
- Loss of enjoyment or happiness in life
- Loss of comfort or companionship
Pain and suffering can include other struggles depending on your situation and the effect the crash has had on you.
“I wanted to thank you. I know it takes a lot to put together a case. After the first time meeting with you, you remembered our information, barely referring to your notes and continued to do so. You were generous with your thoughts and ideas as to how we could get what we were hoping for and it's so appreciated. We couldn't have gotten the verdict yesterday without you....It really does make a difference that you seem to care.”
“I went to another law firm and they turned me down…would not take my case. Myers Law Firm met with me, handled my case and would not back down from insurance company. Even when they had to file suit to protect me for my personal injury and property damage. I received a very fair settlement. Mr. Myers I appreciate you and your staff.”
“Mr. Lee-Thanks to you and Bessie for all of your help last year and most recently with the referral. I sold the house and the kids and I moved 8 days before Christmas. God is good, faithful and true.”
How Do Pain and Suffering Damages Work?
When you file a personal injury lawsuit, your attorney will work with you to calculate the value of your damages. This calculation becomes your demand from the people responsible for your injuries.
To determine the total cost of your damages, your lawyer will add up your medical bills, estimate the cost of future medical care, and determine the value of any damaged property. They will also evaluate your pain and suffering to assign a compensatory value to these intangible hardships.
How to Calculate Pain and Suffering Damages
The process of calculating the value of your pain and suffering is extremely complicated. Different people experience pain and suffering in different ways, and many insurance companies try to downplay the monetary value of your suffering.
To make the process more objective, many people refer to online calculators. These calculators multiply the value of your economic damages (your medical bills, lost wages, etc.) by a certain number (usually between 1-5) to determine how much pain and suffering you’re owed in relation to the cost of your other damages. The higher the number, the more serious the pain and suffering. Unfortunately, these calculators are never accurate, because these types of losses are subjective.
In addition, a calculator can never truly grasp the nuanced details of your case and include them in its calculations. Plus, the amount of money you can collect for pain and suffering often depends on other factors that are outside of your control: how the jury feels about your story, whether they feel like you’re exaggerating your symptoms, or if you might have been somewhat to blame for the crash.
While we like to imagine there’s a straightforward answer in these situations, the best course of action is to speak with an attorney who understands personal injury cases inside and out. An experienced attorney will understand the value and worth of your case compared to other outcomes in similar cases — and be prepared to fight for your right to collect fair compensation. Further, if your case goes to trial, skilled personal injury attorney can help you organize a case that makes sense, is sympathetic to a jury, and puts you in the best possible position to get the compensation you deserve.
Fight for the Compensation You Deserve With Myers Law Firm
Experiencing injuries, financial difficulties, and pain and suffering as a result of a car crash that was not your fault can be devastating. But when you work with the skilled personal injury attorneys at Myers Law Firm, we guide you along every step of the way with skill and empathy. As experienced Charlotte personal injury attorneys, we know how to calculate your case’s value and fight for the settlement you deserve.
To learn more about your options and potential case value, please schedule a free consultation. We’ll meet with you to have a confidential, no-risk discussion about your claim and help you decide what to do next. Schedule your initial consultation today by filling out our quick online contact form or calling our Charlotte office toll-free at 1-888-376-ATTY (2889).
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.