July 29, 2024 Many personal injury cases stretch beyond physical injuries. Instead, they often include the emotional and psychological traumas that victims endure. When someone is involved in an accident or harmful incident caused by another party’s negligence, pain and suffering becomes pivotal in the resulting personal injury cases.
These intangible impacts significantly affect the compensation one might be entitled to, which is why understanding the role they play in the legal process is imperative.
What Constitutes Pain and Suffering?
When ‘pain and suffering’ is mentioned, most people would instinctively think of the physical agony suffered from an accident – broken bones, burns, cuts, and such visible injuries. However, the legal context introduces a broader spectrum into this term, distinguishing between physical and mental implications. Here’s a closer look:
Physical Pain and Suffering
These are the immediate and ongoing physical consequences of an injury. They may include:
- Pain from Injuries: The throbbing, aching, and constant discomfort from wounds or trauma.
- Chronic Conditions: Long-term ailments that persist even after the initial recovery, like chronic headaches and back pain.
- Reduced Quality of Life: When normal activities and daily functions are hindered permanently or temporarily.
Emotional Pain and Suffering
These are the psychological impacts resulting from an injury, often under-recognized yet profoundly significant:
- Mental Anguish: Emotional distress characterized by anxiety, depression, fear, and sorrow.
- Post-Traumatic Stress Disorder (PTSD): A severe condition often triggered by traumatic events, leading to nightmares, flashbacks, and severe anxiety.
- Loss of Enjoyment: Inability to engage in activities that were once sources of joy and happiness, affecting overall life satisfaction.
Calculating Pain and Suffering in Personal Injury Cases
Unlike monetary damages like medical bills and loss of income, calculating pain and suffering is inherently complex. There are no receipts or clear-cut economic values, making it subjective and often contentious. Legal systems adopt various methods to assign a monetary figure to these non-economic damages:
Multiplier Method
One of the most commonly employed methods is the multiplier method. It involves adding up all special damages (like medical expenses and lost earnings) and multiplying this figure by a number usually between 1.5 and 5. The multiplier reflects the severity and life impact of the injuries.
- Low Multiplier (1.5 to 2.5): Used when injuries are considered less severe.
- Higher Multiplier (3 to 5): Applied for grievous injuries, chronic pain, enduring emotional suffering, or significant lifestyle changes.
Per Diem Method
The per diem approach assigns a daily rate representing the monetary compensation for each day the victim suffers from the injuries. This rate is typically determined by comparing it to daily earnings or the degree of suffering endured. The daily rate multiplied by the number of days the victim is likely to suffer provides the total compensation for pain and suffering.
Use of a Computer Algorithm
Insurance companies may use computer programs to estimate pain and suffering, integrating vast data sets from similar cases. Pressed by evidence and inputs, these algorithms derive a compensation figure, directing the negotiation between the parties.
Proving Pain and Suffering After An Accident
Proving pain and suffering can be a tough hurdle in personal injury cases, given its subjective nature. Clear evidence that proves beyond reasonable doubt that you’ve suffered as a result of the accident is crucial when filing a claim. Types of evidence that may be admissible when proving pain and suffering includes:
- Medical Records: Documentation from your medical providers that prove the physical and emotional impact of your injuries, the length of your healing journey, and so on.
- Photographs: Visual evidence of injuries, recovery phases, and daily struggles that came about as a result of your injury.
- Personal Journals: Detailed records of daily pain, limitations, and your emotional battles.
- Expert Testimonies: Reports and testimonies by medical professionals like psychologists and counselors outlining the extent of your suffering.
- Witness Statements: Accounts from friends, family, or colleagues testifying the change in your behavior, mood, and abilities.
Factors That Can Influence Compensation Awarded
Every personal injury claim is unique, and there are several factors that can influence the final compensation amount awarded for pain and suffering in personal injury cases:
- Severity of Physical Injuries: The severity of the injuries along with the presence of long-term disabilities of effects can play a role in the amount of compensation awarded.
- Impact on Daily Life: Debilitating injuries can affect one’s ability to work, socialize, or enjoy life enhancing experiences and should be taken into account during the claims process.
- Victim’s Age: If the victim of the accident was a child or minor that experienced a severe injury or trauma, a lawsuit can be filed by their legal guardian or representative.
- Defendant’s Conduct: In certain cases, notably reckless or egregious behavior from the defendant can result in punitive damages.
How A Personal Injury Attorney Can Help Prove Pain and Suffering
If someone else’s negligence caused your injuries, you may want to seek the guidance of a trusted personal injury attorney. Proving pain and suffering can be a difficult task to accomplish on your own, and an attorney experienced in handling claims similar to yours can help to maximize the compensation you receive.
Here are just a few ways a personal injury attorney can assist you throughout the claims process and beyond:
- Legal Guidance: Your attorney should have the experience and knowledge to navigate complex legal procedures and offer you sound advice on your case.
- Evidence Gathering & Investigation: Your attorney and his or her team will collect evidence that is pertinent to your case and conduct a thorough investigation on your behalf. This can include submitting documents, contacting witnesses, and reviewing medical documents.
- Access To Experts: Your attorney may have access to expert witnesses, medical experts, and accident reconstructionists that can help to solidify your claim.
- Negotiations: When negotiating a fair settlement offer with the insurance company, your attorney will act as your representative. If your attorney feels that the insurance company is not willing to offer fair compensation, they may suggest filing a lawsuit and taking your case to trial.
- Representation In Court: If your claim cannot be settled fairly, your attorney will act as your representative throughout the lawsuit process. Keep in mind, a settlement offer can be made at any point during the personal injury lawsuit process, but if your case does make it to trial, your attorney will represent you in front of a judge and jury.
Contact Cellino Law
If you’ve experienced pain and suffering as a result of an accident, it may be wise to consult a lawyer. You may not know how to navigate the legal process on your own, or have the ability to prove your pain and suffering in a personal injury case on your own.
At Cellino Law, our team of attorneys have the experience and resources necessary to prove your pain and suffering. With a proven track record and over $2 Billion in settlements recovered for our clients, you can focus on recovery while we fight on your behalf.
Contact us today at 888-888-8888 for a free case evaluation with a member of our legal team.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.