Every year 20 to 50 million people suffer from injuries in accidents, even death in the worst cases. No money can amount to the suffering you’ve experienced if you’re a victim, but you may be legally entitled to the pain and suffering damages.
Pain and suffering damages differ from the compensation for concrete costs like medical care and lost wages. Instead, you will be compensated for the physical and emotional suffering currently and in the future due to the injury. Even the victim’s family could file for this claim if they died. Here are a few things you need to understand pain and suffering damages.
Types of Pain and Suffering Damages
Pain and suffering can be divided into three aspects: physical and emotional suffering and loss of consortium.
Physical Pain and Suffering
Physical pain and suffering damages will compensate you for the pain caused by your injuries due to the accident currently and in the future. Examples of physical pain include:
- Pain from the injury caused by the accident
- Long-lasting chronic pain
- Pain caused by the medical treatment to treat that injury
- The effects on the ability to perform specific tasks due to the pain
- Reduced standard of living due to the injuries
These injuries include multiple medical conditions like traumatic brain injury, back pain, and neck pain.
Emotional Pain and Suffering
Emotional pain and suffering after an accident can cause significant mental and psychological distress. Some conditions which are examples of emotional pain and suffering are:
- Anxiety
- PTSD
- Depression
- Insomnia
- Fear
- Cognitive changes due to a head injury
- Grief
- Anger
- Guilt
Victims can suffer emotional pain for a long time, affecting their quality of life.
Loss of Consortium
Loss of consortium is the pain and suffering experienced by you if you’ve lost a family member or deprivation of a family member because of emotional damage due to the accident, which you can be compensated for. You can bring this claim on behalf of your family member to hold the perpetrator accountable for paying the medical bills, loss of wages, and loss of consortium. Here are some examples of loss of consortium, which include the loss of:
- Spousal intimacy
- Care
- Parental guidance
- Household help
- Affection and love
The loss of a loved one can affect you emotionally and financially for life.
How to Calculate Pain and Suffering
Pain and suffering vary and depend on every single case. However, two standard methods exist to estimate the damages you can be compensated for.
The Multiplier Method
The court calculates the pain and suffering damages using the multiplier method by multiplying the economic damage, for example, your medical bills and loss of wages, by usually a number between 1 and 5. This number is determined by the degree of pain and suffering you experience.
Per Diem Method
You set a specific amount for the value of the pain and damage you suffer under the per diem method and then multiply it by the number of days you have suffered. You can receive the maximum if a medical professional doesn’t expect the victims’ condition to improve.
How to Prove Your Pain and Suffering
Physical pain and suffering are easier to prove than emotional suffering since it’s visible. However, documentation and evidence can support your claim. Click here to hire a personal injury lawyer to help you determine what can be used as evidence and guide you through your entire case.
Medical Documentation
Keep all the medical documentation of your injuries’ severity and recovery process. When you visit your doctor, tell them of all your symptoms to help you prove the extent of your injury.
See a psychologist or psychiatrist if you feel like you’re suffering from emotional distress. This will record your emotional state and any psychological issues you suffer from.
Expert Witness
Doctors and psychologists can also appear as expert witnesses in your case. Expert witnesses are great for proving your claims as valid to the responsible party or insurance companies.
Testimony From Your Family and Friends
Testimony from your family and loved ones can be used to prove your emotional pain and suffering. They can use examples of how your demeanor, actions, and outlook have changed since the accident.
Journals or Any Other Documentation
You can also use a journal or documentation you’ve used to record your physical and emotional pain as evidence.
What to Avoid When Trying to Prove Your Claim
The liable party might try to deny or minimize your claim by downplaying the injuries you’ve suffered. Here are a few things to avoid:
Not Completing Your Treatment Plan
An insurer could argue that you contributed to your pain and suffering by not following your doctor’s plan. Make sure never to miss doctor appointments and follow your doctor’s instructions to recover and secure your right to compensation for your pain and suffering.
Speaking Mindlessly to Insurance Companies
When speaking to the insurance company, avoid answering questions that can hurt your claim. They can use any reply against you, so stick to facts rather than something specific.
Posting on Social Media
Do not post anything related to your accident or injuries on social media, like descriptions of the accident, pictures, or emotions. Any statements you could make can harm your claim if they appear to contradict your case.
Endnote
Pain and suffering can be physical only but emotional too. Document all your processes and visit your doctor regularly. Hire a personal injury lawyer to make the process easier for you. But make sure to keep your recovery as your priority.
