Pain and Suffering
Pain and suffering endured in the aftermath of an injury may be grounds for recovering damages from the person or entity that caused your accident. Check out the information below to help you understand how pain and suffering is defined and whether or not you may be able to make a claim in court.
What is Pain and Suffering?
Pain and suffering is a legal term encompassing all of the injuries a person may suffer from in the aftermath of an accident. It also includes emotional and mental issues brought on by the incident. Oftentimes, in the time period following a serious injury people can also battle panic attacks, grief, insomnia and the inability to enjoy their lives. Courts sometimes award monetary damages for pain and suffering endured by an injured person.
What Constitutes Pain and Suffering?
Many factors go into determining whether someone may be owed compensation due to pain and suffering after sustaining an accidental injury. Pain and suffering can be considered physical pain in addition to emotional suffering and even loss of consortium after the death of a loved one. Examples of pain and suffering include:
- Dislocated joints
- Traumatic brain injuries
- Mental trauma
- Diminished quality of life
What Proves Pain and Suffering?
In order to demonstrate pain and suffering, you should try to provide your counsel with as much documentation as you can. Photographs of the incident and your injuries are helpful. Further, you could keep a journal describing your symptoms and issues daily. Input from family and friends can also sometimes be useful. Save all medical documentation as well to be provided to your attorney.
What Methods are Used to Calculate Pain and Suffering?
Pain and suffering is sometimes calculated using one of two methods. The first, the multiplier method is when the actual damages incurred, such as lost wages and medical bills, are multiplied by a number. This number is normally between one and five and depends on the severity of your injury.
The second, the per diem method, entails assigning a specific dollar amount to each day from the date of the accident to the date you reach the point of maximum medical recovery. Maximum recovery is the point at which a physician believes that your condition will no longer improve.