The goal of granting damages for pain and suffering is to ensure that the injured party receives compensation for the mental and physical anguish they endured. While it won’t heal their wounds, it can assist them in affording the medical care they require to recover. A settlement can ease the grief of losing a loved one for the family of a deceased person in an automobile accident.
There are several methods for estimating suffering and pain. A knowledgeable personal injury lawyer can assist in this situation.
Suffering and Pain Defined
Pain and suffering are broad terms that refer to a variety of psychological and physical effects that arise from an event in personal injury lawsuits. It’s important to remember that lost earnings, medical expenses, and auto repairs are not covered by pain and suffering damages. They also take into consideration the psychological distress resulting from the incident and its aftermath.
Pain and suffering can be broadly divided into two categories: emotional pain and physical pain.
Physical Pain and Suffering
Injuries from accidents usually cause a variety of aches, pains, and discomforts. The following physical ailments could be eligible for a settlement for pain and suffering:
- Broken or shattered bones
- Soft tissue damage includes bruises, sprains, discomfort, and inflammation.
- Headaches
- Damage to the nerves: tingling and burning feelings
- Constriction in the neck and back
- Dizziness
- Hearing loss
- Internal organ injury
- Immobility
Emotional Pain and suffering
An accident injury frequently results in more than simply physical discomfort. The psychological cost may be equally severe. Emotional distress might occasionally prevent you from fully experiencing life. The following emotional symptoms could be eligible for a settlement:
- Depression and Anxiety
- Lack of sleep
- Mental distress
- PTSD, or post-traumatic stress disorder
- being unable to participate in activities you used to like
- strain in one’s interpersonal connections
- detrimental effect on self-esteem as a result of scarring and deformity
- Intolerance
- Changes in personality
If another driver’s negligence causes someone to pass away in an automobile accident, the victim’s family may also suffer from sadness and a loss of companionship, which could undermine the advantages of a close bond.
Techniques for Computing Pain and Suffering
The Per Diem Approach
The Latin term “per diem” means “daily rate.” An attorney is calculating how much money to assign for each day that a person suffers following an injury when they discuss utilising the per diem approach to calculate pain and suffering.
This is an illustration of how to use the “per diem” formula:
- [20 weeks of anguish and suffering] x [7 days in a week] = 140 days of suffering
- $28,000 in damages for pain and suffering are equal to [140 days of pain and suffering] x $200 a day.
The Multiplier Method
In cases where a victim’s daily compensation is insufficient or fluctuates daily, the multiplier method considers the victim’s overall economic damages rather than just their daily wages. This is an illustration of how the multiplier approach is used:
- $40,000 in total economic damages are equal to [$20,000 in medical bills] plus [$10,000 in lost wages] plus [$10,000 in expenses].
- $120,000 in damages for pain and suffering are equal to [$40,000 in total damages] x [3 multiplier].
Evidence to Support Claims of Pain and Suffering
Consider obtaining the following proof to support your pain and suffering claim:
- Photos of the accident location and your wounds
- Proof of receiving medical or psychiatric care
- Testimonials from friends and family that are encouraging
- A journal of agony that records your experiences
- Recall that the more convincing proof you can offer, the more likely it is that your personal injury claim will result in reasonable recompense.
Find Legal Support for Your Claim of Pain and Suffering
In the end, a number of circumstances specific to your case will determine how much compensation you receive for pain and suffering. We at NYlawnet are aware of how frustrating it may be to handle a car crash’s aftermath. Please don’t hesitate to contact us as soon as possible if you need assistance.