When someone suffers an injury due to another party’s negligence, they may recover compensation for their losses.
While medical bills and lost earnings are tangible damages that are relatively straightforward to prove, pain and suffering damages are less concrete and can be much more challenging to quantify. However, these damages play a vital role in a personal injury claim, as they compensate for the physical and emotional distress.
After suffering an injury at the hands of another, discuss your case with a qualified personal injury attorney. A Tampa personal injury lawyer can take on your case and properly calculate and prove your damages, including your pain and suffering damages, to get the compensation you deserve. Schedule your free consultation today.
What Are Pain and Suffering Damages?
Pain and suffering is a legal term used to describe the physical and emotional distress that a person endures due to an injury. Pain and suffering damages typically fall into two primary categories: physical and emotional.
Together, these two components of pain and suffering are meant to compensate for the injury’s impact on your life and well-being. However, unlike economic damages (like medical expenses or lost earnings), pain and suffering damages do not have a set price tag.
This makes them more difficult to prove and quantify. Still, a personal injury attorney can gather all pertinent evidence to show your losses and help obtain proper financial recovery.
What Do Pain and Suffering Damages Compensate For?
Pain and suffering damages compensate victims for the non-economic hardships they experience due to an injury.
The compensation seeks to address physical, emotional, and psychological consequences, including:
- Physical pain: The immediate pain from an injury, the ongoing pain during the healing process, and any chronic pain that may persist after recovery.
- Emotional distress: This includes anxiety, depression, nightmares, irritability, or fear as a result of the incident and injuries.
- Loss of enjoyment of life: When an injury prevents you from participating in activities or hobbies you once enjoyed (e.g., playing sports, traveling, or spending time with family), this is a loss of quality of life.
- Loss of consortium: If the injury hurts your relationship with your spouse or family, you may recover compensation for loss of companionship or intimacy.
Your personal injury attorney can review the specifics of your case to determine the extent of your pain and suffering damages. Recovering financially for these intangible losses can’t fix all of your problems, but it can help deal with some of the burden.
Types of Cases Where Pain and Suffering Damages Apply
Any personal injury case where the victim suffers physical or emotional harm can result in pain and suffering damages.
Some common types of cases where these damages apply include:
- Car accidents: Injuries sustained in car accidents, such as broken bones, whiplash, and spinal cord injuries, can lead to long-term pain and suffering, as well as emotional distress caused by the accident.
- Slip and fall accidents: Victims who slip, trip, or fall on someone else’s property may suffer from broken bones, sprains, or head injuries. The pain from these injuries, as well as emotional suffering related to the loss of mobility or independence, can justify pain and suffering damages.
- Product liability: Injuries caused by defective products (e.g., faulty machinery, dangerous drugs, or poorly designed consumer goods) may result in serious injuries that cause physical and emotional pain.
- Wrongful death: In wrongful death cases, family members can seek pain and suffering damages for their emotional distress, and in some cases, the pain suffered by the victim before their death.
If another’s negligence or wrongdoing harms you or a loved one, you may recover pain and suffering damages. Discuss your case with a personal injury lawyer to understand better what damages you deserve and the value of your case.
How to Prove Pain and Suffering Damages
Since pain and suffering are non-economic damages, proving them requires a different approach than economic damages, like medical bills or lost earnings. The following evidence can substantiate a claim:
Medical Records and Testimony
Your medical records are some of the most critical pieces of evidence in a personal injury case. These records document your injury, treatments, and any ongoing pain or limitations you face. Additionally, doctors or other healthcare providers can offer expert testimony about the severity of your pain and how it impacts your ability to function.
Pain Diaries and Journals
Keeping a daily record of your pain levels, emotional state, and limitations can help demonstrate the extent of your suffering. In your diary, you should note the intensity of your pain, its duration, how it affects your daily activities, and any emotional difficulties you experience.
Photographs and Videos
Visual evidence of injuries (like cuts, bruises, or surgical scars) can serve as solid evidence of pain and suffering. Video recordings of your limitations in performing daily tasks due to pain can also support your claim.
Witness Testimony
Friends, family members, and coworkers can testify about how the injury has affected your quality of life. They can testify to the changes they observed in your mood, behavior, and ability to perform everyday activities.
Expert Testimony
In some cases, medical or psychological experts may be called to testify about the long-term effects of your injuries. For example, a psychologist can speak to the emotional distress caused by the injury, or a pain specialist can testify about chronic pain.
Vocational Experts
If your injuries affect your ability to work or earn a living, a vocational expert’s opinion may come into play. Vocational experts can testify to the extent of your disability and its effect on your career and future earning capacity.
Impact Statements
As a victim, you may need to make an impact statement describing how the injury has affected your life. It can include personal accounts of how pain and suffering have affected your relationships, social activities, and overall mental well-being.
How Are Pain and Suffering Damages Calculated?
There is no fixed formula for calculating pain and suffering damages, as these are subjective and vary widely depending on the individual case. However, attorneys usually use two main methods: the multiplier method and the per diem method.
Additionally, juries can also determine how much to pay out in pain and suffering damages based on the circumstances.
The Multiplier Method
The multiplier method involves multiplying the amount of your economic damages (e.g., medical bills and lost earnings) by number.
The Per Diem Method
The per diem method involves assigning a daily value to your pain and suffering and multiplying that by the number of days you will likely experience the pain.
For instance, if your attorney determines your daily pain and suffering value is $100, and you will suffer for 200 days, your pain and suffering award would equal $20,000.
A Court Determination
In some cases, a judge or jury will evaluate the severity of the injuries and their impacts on your life, then decide how much to award.
Limitations on Pain and Suffering Damages
In some cases, a state may cap pain and suffering damages.
Inquire about damage caps with your personal injury lawyer. Should your state have any caps on their damages, your attorney can explain these limits and how they can affect your case.
Pursuing Pain and Suffering Damages
You may wish to secure pain and suffering damages, but you’ll need to take some steps to pursue these damages. Depending on the situation, you can seek financial recovery in various ways, usually through an insurance claim, a personal injury lawsuit, or both.
Can You Get Pain and Suffering Damages Through an Insurance Claim?
When another party hurts you, you may file an insurance claim to pursue damages. For example, you can file an insurance claim for compensation if you suffered an injury in a car accident.
When you’re in a state that operates under a fault system, you can file a third-party claim through the at-fault driver’s insurer. You can attempt to get damages for pain and suffering in your claim.
Victims can usually pursue compensation through a first-party claim against their insurance if their accident occurs in a no-fault state. In a no-fault state, PIP insurance will not pay pain and suffering damages. Instead, you must meet a certain threshold to sue the responsible driver.
For instance, in Florida, to file a lawsuit, a victim must have suffered permanent injury, loss of a major bodily function, severe scarring or disfigurement, or death.
If you’re filing an insurance claim for your damages, discuss whether you can pursue pain and suffering with your lawyer. Your attorney will explain how your state’s laws work and whether you can seek these particular damages (and how).
How a Personal Injury Attorney Can Help You Obtain Fair Compensation
Generally, a lawyer can assist by:
- Gathering evidence: A personal injury lawyer will help gather all the necessary medical records, witness statements, and expert testimony to support your claim for pain and suffering.
- Calculating damages: Attorneys have experience in calculating both economic and non-economic damages, and they will know how to maximize your compensation by effectively presenting your pain and suffering.
- Negotiating with insurance companies: Insurance companies often try to minimize payouts, particularly for pain and suffering. Your attorney will advocate on your behalf to ensure you receive fair compensation.
- Litigating the case: If your case goes to trial, an attorney will know how to effectively present the evidence and arguments to a judge and jury to secure the maximum possible award.
Additionally, a personal injury lawyer can provide much-needed support. Going through a personal injury case can be emotionally draining, but a compassionate attorney can guide you through the process and provide the necessary support to stay focused on your recovery.
In most cases, having quality legal representation yields much more favorable results for victims. A personal injury attorney can put you in a better position to get the financial recovery you need, including that for pain and suffering.
A Skilled Lawyer Can Assess Your Damages and Prove Your Pain and Suffering
Pain and suffering damages are a crucial aspect of many personal injury claims, compensating victims for the physical and emotional toll that an injury can have on their lives. While proving pain and suffering is not easy, with the right evidence and legal experience, it is possible to secure compensation that truly reflects the impact of your injury.
A knowledgeable personal injury attorney can help build a strong case, navigate the intricacies of your claim, and ensure that you are fairly compensated for the full scope of your losses.
If you suffered an injury due to someone else’s negligence, an experienced lawyer can obtain justice and financial recovery.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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