Share:

When you’re involved in an accident, you can seek compensation in a personal injury claim. One of the types of damages you can seek in this situation is pain and suffering. The guide below will help you better understand what pain and suffering refers to in a legal context and how it can affect your claim.

How Is Pain and Suffering Defined in a Personal Injury Case?

Pain and suffering can be divided into two separate categories: physical and mental. These refer to two very different types of experiences, although both diminish the victim’s quality of life in their respective ways. When seeking either type of pain and suffering, the lawyer will try to show that the plaintiff’s discomfort has not stopped after receiving treatment and will continue in the future.

Personal InjuryPhysical pain and suffering involves the discomfort and pain you experienced due to your physical injuries. It also takes into account the physical pain you may continue to experience in the future. If your injuries will take a long time to heal, or if the accident left you with a permanent disability, the damages awarded for physical pain and suffering can be quite significant.

After an accident, you may experience negative emotions. These are examples of mental pain and suffering. In some cases, the memories of the accident can cause long-term psychological damage, resulting in conditions such as PTSD. You can also claim damages for these conditions.

How is Pain and Suffering Proven and Calculated? 

Proving pain and suffering often relies on the testimony of others. Recording your feelings in a timely matter can supplement the testimony of loved ones and healthcare professionals in establishing evidence of your physical and emotional pain, especially when done under the guidance of a lawyer.

Personal injury lawyers often calculate pain and suffering damages by using a multiplier that’s usually between 1.5 to 4.0 times the plaintiff’s property and medical care damages. However, keep in mind that insurance companies aren’t obligated to accept your lawyer’s calculations. Many insurance companies use software that calculates the plaintiff’s pain and suffering based on similar injuries suffered by previous accident victims and the type of treatment that the plaintiff sought. The program uses these factors to determine what fraction of the settlement should be allocated for pain and suffering.

 

 

The success of any personal injury claim often depends on the expertise of the attorney you hire to represent you. Serving the Norwich, CT, area, Law Office Of T J Morelli-Wolfe PC is a law firm that’s backed by 20 years of experience. Each client receives the personal attention their case requires, and the firm provides initial consultations at no cost. To schedule an appointment, visit their website or call (860) 859-9899.

tracking