How is “Pain and Suffering” Calculated in a Personal Injury Case?
“Pain and suffering,” in a personal injury case, is a legal term that attempts to identify the non-financial, non-tangible damages that can result from an accident. Because pain and suffering is not a physical damage of a personal injury case, converting those damages into a monetary value can be difficult.
What Can be Considered as Pain and Suffering Damages?
Compensation that is allotted for pain and suffering is a way to provide a plaintiff with additional benefits that account for the full scope of their injuries. A typical personal injury settlement includes coverage for medical bills, lost wages, travel to and from medical appointments, and other expenses that resulted from the accident.
If a pain and suffering sum is included, those funds are meant to compensate for the impact of the incident, such as:
- Relationship strain
- An inability to enjoy certain activities
- Physical pain
How Can Pain and Suffering be Proven?
Compensation for pain and suffering is not very common in personal injury cases, because the true effect can be difficult to prove. Unlike medical bills or other financial damages that result from an injury, it is not easy to provide evidence of pain and suffering.
To prove pain and suffering, victims can produce journal entries, social media posts, and text messages that express how they were feeling in the wake of an injury. Family and friends who were present during the recovery period are important witnesses in proving the damage of pain and suffering. A therapist can also be a crucial resource if counseling was part of the victim’s recovery.
Calculating a Pain and Suffering Settlement
To assign a monetary value to a plaintiff’s level of pain and suffering, insurance companies and attorneys often rely on an existing numerical figure in their calculations. For example, the injury victim’s financial damages may be multiplied to allow for additional compensation. Or, the plaintiff may be compensated a specific sum for the days they were affected by their injury.
Our experienced lawyers can help you build a strong case and recover the compensation you deserve following an injury. Schedule a free consultation with the Ortega, McGlashan, Hicks & Perez, PLLC team to discuss the details of your case.Call (915) 206-5154 or use our contact form to reach our attorneys.