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After experiencing a personal injury, you may have more than just a broken bone or a sore neck. Mental and emotional issues such as stress, anxiety, depression, and PTSD are pervasive after such an event. Luckily, while you can receive compensation for your physical ailments, you can be compensated for these internal struggles as well. Learn more about reimbursement for pain and suffering to determine if you qualify.

How Is Pain & Suffering Calculated?

Calculator Method

If your attorney is following this method, they'll start with your definitive damages, such as hospital and physical therapy bills, and the money you lost by taking off work. Then, they'll multiply this figure by a number between one and five based on the severity of your injury. Minor injuries are at the bottom of the range, and catastrophic injuries are scored a five. Therefore, if you had $5,000 in medical bills and your injury was a four on the severity scale, you'd aim for $20,000 in pain and suffering damages.

Per Diem Method

personal injuryTranslated from Latin, "per diem" means "per day." Therefore, to calculate your damages based on this method, your personal injury attorney will ask for a certain amount of money for every day you spent in recovery. In this case, if your attorney asked for $150 a day for 30 days of healing, you'd be asking for $4,500 in compensation.

How Can You Prove Pain & Suffering?

Before you can fight for compensation, you'll need to be able to prove the existence and extent of your pain and suffering. As a general rule, the more evidence you have, the more likely it is that you'll receive compensation. Your personal injury lawyer will gather photos of the event and your injuries, as well as medical records and opinions from mental health professionals you've met.

It may help to keep a personal journal outlining your feelings in the aftermath of the injury, which will also speak to your mental and emotional suffering. If you experience PTSD, depression, or insomnia, it helps to have a diagnosis from a professional and statements from your friends and family who have noticed a change in your behavior.

 

If you’re dealing with a personal injury case, the attorneys at Estep & Estep can help. This Tazewell, TN, law firm will work hard to represent your quality of life after the event, so you can obtain the compensation you deserve. In addition to personal injury, they also deal in practice areas such as real estate and estate planning. Visit their website to learn more about their services, or call (423) 626-3525 to schedule a consultation.

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