Understanding Pain & Suffering In Personal Injury Cases

Law Blog

Over 31 million people throughout the United States suffer injuries that require professional medical care each year. Many of these injuries are caused by others, which qualifies the injured party to receive compensation under personal injury law. If you have sustained an injury and plan to seek financial compensation by using a personal injury lawyer, it is important that you take the time to understand the pain and suffering component of these lawsuits.

Here are some vital facts to keep in mind when requesting financial compensation for pain and suffering in the future.

Physical Pain And Suffering

Whenever you think about pain and suffering, you likely think about the physical limitations your injury has placed on you. When calculating the amount of money that you are entitled to, a jury will take not only your actual physical pain into consideration, but the effects this physical pain will have on your future as well.

If your injuries will make it difficult for you to return to work or engage in normal everyday tasks, you may be awarded financial compensation to help offset these inconveniences.

Mental Pain And Suffering

Although less noticeable than physical pain and suffering, the mental anguish associated with an injury can be every bit as detrimental to your wellbeing. As you ask for financial compensation, remember that you should take into account the anxiety, anger, and/or depression brought about by your injury.

These mental limitations can make it difficult for you to return to normal, and many juries understand that the long-term effects of mental pain and suffering can be devastating

Calculating The Cost Of Your Pain And Suffering

Placing a value on the quality of life lost as a result of physical or mental pain and suffering can be difficult. Personal injury lawyers generally use one of two methods to determine how much money an injury victim should be awarded.

These methods include the following:

  1. The Multiplier Method- When using the multiplier method, your attorney will use the actual cost of your damages (doctor's bills, lost wages, etc.) to help determine home much financial compensation you should receive. These damages are multiplied by a number ranging from 1 to 5, depending on the severity of your injury. The multiplier method is most effective if you have suffered a large amount of physical pain and suffering.  
  2. The Per Diem Method- If your pain and suffering is primarily mental in nature, the per diem method might be most effective when it comes to calculating your financial compensation. Using this method, your attorney will use a predetermined number (like $100, for example) and multiple this number by the total number of days required for you to heal properly. 

Understanding what constitutes pain and suffering in a personal injury case, and how these damages are calculated, will allow you to determine how much financial compensation you should be awarded.


26 November 2014