How Do You Calculate Pain and Suffering?

Whenever a person injures another person through negligence, carelessness, or recklessness, the injured party can recoup his or her losses through a personal injury claim against the negligent party. In many personal injury cases, plaintiffs can secure compensation for their medical expenses, property damaged in the incident, lost income, and lost wages if an injury prevents them from working. Another form of compensation is for pain and suffering, and while this may sound too abstract to quantify with a dollar figure, pain and suffering play a crucial role in many legal battles.

UNDERSTANDING PAIN AND SUFFERING

The justice system recognizes that some experiences are worse than they may initially appear. For example, a person may suffer a gunshot and make a complete recovery. Still, the journey to that complete recovery is likely full of physical pain, emotional turmoil from reliving the incident, and the general stress created by the situation. The United States justice system helps ensure individuals who suffer traumatic, exceedingly painful, or severely damaging injuries can collect reasonable compensation for these experiences.

Pain and suffering can refer to physical suffering, emotional distress, psychological trauma, and other mental injuries, including insomnia, grief, anxiety, and even the loss of enjoyment of life. Almost every personal injury case will include pain and suffering damages to some extent. Cases involving very severe injuries, particularly those that lead to permanent damage or disability, often include considerable pain and suffering awards.

HOW IS PAIN AND SUFFERING CALCULATED?

There is no one rule for determining the amount of pain and suffering. Some plaintiffs’ attorneys will use their clients’ medical expense compensation as a starting point and then multiply that figure according to the severity of the injury. For example, if the plaintiff incurs $10,000 in medical expenses for a significant bone fracture or multiple injuries, the Philadelphia injury lawyer may decide that the pain and suffering amount is worth four times that amount, or $40,000. Other attorneys may use a per diem model, which argues for a set amount per day starting on the date of the injury-causing accident and ending once the plaintiff has reached his or her maximum medical recovery.

Insurance companies have methods for determining acceptable compensation amounts for pain and suffering. Typically, insurance adjusters refer to computer software that will pull data from various aspects of the case to decide a fiscally reasonable and situationally appropriate figure. These assessments will usually factor in the plaintiff’s medical prognosis, treatment plan, and the type of care the plaintiff received. The insurance company will also consider how long the plaintiff took to seek treatment. If the insurer believes the plaintiff’s treatment was excessive or some of the claimed damages were unnecessary expenses, the insurer may deny part of the claim.

PROVING PAIN AND SUFFERING

Any documentation, recorded statements, or other evidence demonstrating the extent of the pain and suffering a plaintiff experienced can help justify a claim for pain and suffering compensation. Plaintiffs’ attorneys will also usually call on expert witnesses from the medical community to give the court an educated opinion about the plaintiff’s injuries. These medical experts may also attest to the long-term effects of an injury. They may influence other aspects of a plaintiff’s compensation, such as their ability to collect long-term disability coverage for a permanent disability.

CONTACT A PHILADELPHIA PAIN AND SUFFERING LAWYER TODAY

If you’ve suffered from physical pain, emotional distress, or other serious injuries after an accident, you may be entitled to compensation for pain and suffering.

At our Philadelphia personal injury law firm, we understand how to calculate pain and suffering damages, including lost wages, medical expenses, and emotional pain. Whether your personal injury claim involves a car accident, workplace injury, or other incident, we can help you pursue the maximum compensation you deserve.

Our experienced attorneys have a strong track record of handling personal injury cases and achieving fair compensation for our clients.

We use proven methods, like the multiplier and per diem, to ensure that pain and suffering awards accurately reflect your injuries’ physical and emotional toll.

If you’re dealing with insurance companies or struggling to calculate your pain and suffering claim, our team will provide the legal guidance to navigate settlement negotiations and secure a fair pain and suffering settlement.

Contact us today at (267) 310-2948 for a free consultation. Let our skilled attorneys help you prove your pain and suffering and ensure you receive the compensation you’re entitled to under the law.