After you have been hurt in a car crash, a slip and fall, or another type of accident, your physical injuries are often the focus. You may require treatment, including surgery, and have to stay in the hospital for a long period of time until you have recovered. However, an accident will leave you with far more than just physical injuries. There is also an emotional toll that accident victims must deal with as they try to physically recover.
A pain and suffering claim goes far beyond your medical expenses and lost income after an accident.
These damages are meant to compensate accident victims for the experiences they will suffer as a result of their injury. They are meant to compensate you for the time missed with your loved ones, the sleepless nights, and the stress you will constantly feel about what comes next. Below, our Mount Pleasant personal injury lawyer explains more about pain and suffering damages.
What is Pain and Suffering Compensation?
A pain and suffering claim is meant to compensate you for the emotional distress and physical discomfort you will endure because of your injury. Emotional distress refers to any emotional trauma you experience after an accident, which may include:
- Fear
- Anxiety
- Depression
- PTSD
The above are just a few types of emotional distress you may experience after an accident. The law recognizes that emotional distress is extremely subjective and personal. While one person may recover from emotional trauma rather quickly, someone may struggle with distress for an indefinite period of time.
On the other hand, physical pain refers to the discomfort your injuries will cause you. This can refer to the intense pain you will feel immediately after suffering a serious injury, or chronic pain that lingers for many months, or even years. Like emotional distress, physical pain and discomfort are very subjective. When calculating pain and suffering damages, it is critical that each person’s unique experience is taken into consideration.
How to Calculate a Pain and Suffering Claim
While there is no precise formula used when calculating pain and suffering damages, there are two methods that are generally used.
The first approach is known as the ‘multiplier method.’ When using this approach, your total economic damages are multiplied by a number between 1.5 and 5. Economic damages refer to losses sustained by another person’s negligence that have an actual dollar value.
Medical expenses, lost income, and property damage are all common types of economic damages. The total value of economic damages multiplied by using this method will depend on the severity of your injuries.
The second approach is known as the ‘per diem method.’ This method rates the level of pain and suffering you experience on a daily basis.
That number is then multiplied by the total number of days between your accident when you sustained the injury and the date your treatment will end.
Regardless of which type of method is used to calculate pain and suffering compensation, there are many factors considered. These include:
- The type and nature of injuries suffered
- The type and cost of prescription medication
- The temporary or permanent nature of your injuries
- The severity of the injuries suffered
- Any need for continued medical treatment
- The estimated recovery time
- How your injuries have impacted your daily tasks and activities
- The effect your injuries have had on time spent with your loved ones
- The strength of the evidence presented in your case
How to Prove Pain and Suffering Damages
When trying to obtain damages for any of the losses sustained in an accident, you must present strong evidence in your pain and suffering claim. The most common types of evidence that can prove the extent of your pain and suffering include:
- Medical documentation: Medical records are the foundation of any claim for compensation. These will outline everything from the original diagnosis to the overall treatment plan, including ongoing medical evaluations. This is one reason it is so critical to seek medical treatment after any accident. This will not only ensure your safety and well-being are protected, but it will also document your injuries and provide you with the solid evidence you need in your case.
- Statements from medical experts: Judges and juries often require a bit of education regarding the nature and severity of certain types of injuries. Statements from medical experts can provide insurers, judges, and juries with the insight they need to fully understand the pain and suffering you have been through, as well as the recovery process you are facing.
- Pain journals: Over time, your memories may fade, and you may not fully remember the impact your injuries had on your daily life. For this reason, it is important to keep a journal detailing the level of pain you are feeling, any activities you once enjoyed that you can no longer participate in, disturbances in your sleep, and changes in your behavior or mood.
- Psychological assessments: If you have sought counseling or therapy due to the emotional distress caused by your injury, it is important to have documentation from these sessions. Mental health issues are legitimate factors in pain and suffering claims, so it is important to have thorough documentation.
Can You Claim Pain and Suffering Damages Alone?
Generally speaking, it is not possible to file a claim for pain and suffering compensation on its own.
Compensation for pain and suffering is usually linked to an underlying physical injury that caused the emotional distress and physical discomfort. There are some exceptions to this, such as intentional infliction of emotional distress, but these cases are very rare.
Our Personal Injury Lawyer in Mount Pleasant Can Help You Claim Full Damages
Claiming the full compensation you are entitled to after an accident is rarely easy. At Rikard & Protopapas, our Mount Pleasant personal injury lawyer can accurately value your claim and negotiate on your behalf so you can obtain the full settlement you deserve while focusing on getting better, not the legal details of your case. Call us today or fill out our online form to arrange a free review of your case with one of our experienced attorneys and to learn more about how we can help.