Damages for pain and suffering in personal injury cases
The law may entitle you to compensation if you were hurt in an accident that was brought on by someone else’s carelessness, recklessness, or intentional wrongdoing. Although the losses in a personal injury case might be extremely diverse, pain and suffering damages are almost certainly included.
Many first-time plaintiffs lack a thorough understanding of what pain and suffering damages are, the special difficulties they provide, and the most effective methods for maximising these damages.
Our staff at 11112222 is prepared to put you in touch with an experienced lawyer who can assist you with your case. An expert personal injury attorney can thoroughly assess the circumstances of the case and devise a plan to obtain the highest amount of damages (including pain and suffering damages).
Let’s look more closely.
Knowledge of Damage Categories
In the context of a personal injury case, compensatory damages can be divided into two very wide categories: Losses include both monetary and non-monetary types.
Damages with a financial component are accounted for as monetary losses. Though not necessarily limited to, they consist of:
- Medical costs
- Pay loss
- loss of ability to earn
- & other losses of property
Damages that aren’t directly related to your finances are referred to as non-monetary losses. Non-financial losses typically involve issues with your quality of life, whether they were transient or are now a permanent concern. Though not necessarily limited to, they consist of:
- Distress and suffering
- loss of life quality
- loss of friendship
- Guidance loss and more
In that it falls under non-monetary damages, pain and suffering can be a little trickier to “establish” in court. For example, if you want $100,000 in pain and suffering damages, you will need to present expert testimony and other supporting evidence, as well as make a strong case in court, to convince the judge that your losses warrant a pain and suffering recovery of $100,000.
It’s important to remember that damages are intended to “compensate” the wounded plaintiff by placing them in the position they would have been in had the accident not occurred.
There is really no way to determine with absolute precision what level of damages would place you in a position where you would feel adequately compensated for the losses sustained in the context of pain and suffering (non-monetary). As a result, the success of your case will frequently depend on how well your lawyer can present the issue.
Basics Of Pain And Suffering
Pain and suffering are a collection of connected losses. Simply put, pain and suffering damages are intended to reimburse you, the injured plaintiff, for the physical and emotional anguish you endured as a result of the accident.
Damages for pain and suffering can range from the physical anguish you had following a car accident to the mental distress you felt as a result of feeling ashamed and degraded by your post-accident disability.
Damages for Pain and Suffering Calculated
Evidence may present the strongest obstacle to recovering pain and suffering damages. In other words, based on your bodily, mental, and emotional suffering, you will need to “figure” an acceptable damages amount.
It is quite challenging to determine a sum that the defendant is likely to accept because this is ultimately a fact-based, subjective activity.
Most lawyers finally use a “multiplier” model to determine pain and suffering damages in order to avoid this dispute.
Simply put, the “estimated” pain and suffering damages range from one to three times the financial losses. Depending on the specifics of your case, the multiplier may go as high as. The multiplier will probably be higher if your case involves considerable bodily, mental, or emotional pain (i.e., up to 3 times the monetary losses).
Therefore, if your financial losses, such as lost wages, property, and medical costs, total $100,000, and your injuries left you horribly disfigured and unable to participate in recreational activities, then the physical, mental, and emotional trauma may give rise to a $300,000 pain and suffering claim, for a total damages claim of $400,000, in addition to your financial losses.
For a Free Consultation, get in touch with a Personal Injury Attorney in our Network.
At 11112222, we have a sizable network of knowledgeable, experienced personal injury lawyers ready to offer legal support. Call us to be put in touch with a knowledgeable personal injury attorney in our network. During this initial consultation, they will assess your case and offer advice on the best course of action.
Friendly, approachable legal representation, in our opinion, is essential for success. As a result, our staff is available to accept your call around-the-clock in both English and Spanish. Don’t hesitate to get in touch with us as soon as possible to begin the process; consultations are complimentary and private.
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