Pain and Suffering: Understanding Non-Economic Losses in Personal Injury

A slip and fall or motor vehicle accident harm can trigger severe pain in a victim. That is why you should hold the at-fault party responsible for their negligence. 

If you experience an injury as a result, you can receive compensation for your pain and suffering. However, your injury type determines the amount you can receive. 

Further, state laws dictate damages in a personal injury claim. It is advisable to share your story with a reputable personal injury attorney to assess your case objectively and determine the best way forward. 

This article explains what non-economic losses entail in personal injury, with a specific focus on pain and suffering. 

Understanding Pain and Suffering

Pain and suffering are physical pain and injuries caused by a mishap. You can claim financial damages for pain and suffering from the at-fault party. This claim falls under the non-economic damages category. 

For instance, another motorist hit you after running a stop sign in a vehicle accident. You had to go to the hospital for surgery and recovery due to the pain you experienced. You had chronic pain for several days and had to resort to painkillers. 

Medical experts eventually informed you that you will bear the chronic pain for the rest of your life. You may also find it challenging to return to work. 

The negligent motorist becomes responsible for your lost wages, damaged vehicle, and medical bills. However, what amount should they have to pay for your lifelong pain? It is a challenging question to answer explicitly. The jury will decide the amount they want to award in pain and suffering.

Different Damage Types in Personal Injury Lawsuit

The essence of instituting a personal injury claim is to demand monetary compensation for damages. Damages are your losses associated with the mishap or harm. The compensation is to put you on the spot you should have been without the accident. 

The two categories of damages are economic and non-economic damages. Economic damages are the losses with an explicit monetary value. They include medical expenses, loss of earning potential, property damage, lost wages, and future medical bills. 

“Non-economic damages are challenging to put an exact amount to. They include intangible losses like losing one’s quality of life, emotional trauma, and chronic pain,” says personal injury attorney Jon D. Berman.

Establishing Pain and Suffering

Proving pain and suffering is challenging after suffering a mishap. However, you can use expert testimony and medical records to help with this. 

Keeping a journal after the incident is also helpful for documenting your emotions and feelings. Your lawyer can use day-in-the-life footage to illustrate the impact of an injury on you. Hence, you must liaise with your personal injury attorney to prove pain and suffering for adequate compensation.

The Amount You Can Get in Pain and Suffering Damages

Your injuries' severity determines how much you can receive for pain and suffering. You may receive less if your injuries are minor and heal quickly. However, you can demand a considerable sum if you suffer lifelong severe injuries.

The two ways of determining pain and suffering in personal injury law are:

The Multiplier Method

Under this method, the non-economic damages can be a multiple of the economic damages. For instance, if you were involved in a severe vehicle crash that led to $200,000 in economic damages, a jury may multiply the $200,000 by three for $600,000 in non-economic damages. Thus, you will get $800,000 as your total compensation. 

Per Diem Method

The premise of this method is the number of days you experience emotional and physical pain. The jury will determine the daily worth of your pain and how long it takes you to heal. For instance, if your pain is worth $150 daily and it took you 100 days to heal, you will receive $15,000 in pain and suffering damages. 

Limitations on Pain and Suffering Damages

Many jurisdictions have a cap on pain and suffering damages. However, some states have declared limitations on these damages as unlawful. Despite that, insurers work around the clock to limit the amount victims get for medical malpractice and vehicle mishap claims. 

More than 20 states have a limitation on non-economic damages, while others have declared caps unconstitutional. Some jurisdictions peg the maximum amount a victim can receive for non-economic losses at $250,000 without adjusting it for inflation, while their counterparts take note of inflation. 

It is unfair to injury victims to have a cap on non-economic losses because the jury is unaware of the limit. A jury could award one million dollars to a victim for their disfigurement, pain, and suffering; however, the judge will eventually review it downward to the maximum amount without the jury’s knowledge. 

Final Words

Many factors influence the amount you can recover from pain and suffering. Let a reputable local personal injury attorney assess your matter for an objective forecast. They will give you an insight into the worth of your case and how to maximize the process.