When someone is injured due to another party’s negligence, they are entitled to seek compensation for their losses through a personal injury claim. While medical bills and lost wages are relatively easy to quantify, non-economic damages like pain and suffering can be more challenging to define. Pain and suffering play a significant role in many personal injury cases, and victims may be entitled to substantial compensation for the physical and emotional hardships they endure.
At Ross Moore Law, we help victims recover compensation for economic and non-economic damages. In this blog, we’ll discuss the key facts about pain and suffering and how an experienced Atlanta personal injury lawyer can assist you in your case.
Pain and Suffering in Personal Injury Law
In personal injury law, pain and suffering refers to the physical and emotional distress that a person experiences as a result of an accident or injury. While medical bills or lost wages can be calculated using receipts and pay stubs, determining pain and suffering compensation is more complex and subjective.
The purpose of compensating for pain and suffering is to provide some financial relief for the victim’s hardships beyond the tangible costs like medical treatment and property damage. Although no amount of money can truly compensate for the physical and emotional suffering caused by an accident, a fair settlement can help victims rebuild their lives and cope with the long-term effects of their injuries.
Physical Pain and Suffering
This includes the actual physical pain and discomfort that the victim experiences as a result of the injury. It can range from mild discomfort to severe and chronic pain. Physical pain and suffering may also encompass long-term complications, disabilities, and ongoing health issues that reduce the victim’s ability to live their life fully.
Emotional Suffering
Emotional distress encompasses the psychological impact of the injury, such as anxiety, depression, fear, insomnia, post-traumatic stress disorder (PTSD), and other emotional challenges. It can also include the loss of enjoyment of life, meaning that the victim can no longer participate in activities they once enjoyed due to the injury.
How to Prove Pain and Suffering
Because pain and suffering are subjective and cannot be easily measured, proving these damages requires substantial evidence and a strategic approach. Personal injury claimants need to demonstrate that their pain and suffering are real and significant, often through a combination of the following types of evidence:
Medical Records
Medical records provide crucial evidence of the physical injuries sustained in the accident. These records can include doctor’s notes, test results, prescriptions, physical therapy reports, and treatment plans. They document the extent of the injuries and the ongoing medical care required, which can help prove physical pain and suffering.
Expert Testimony
Expert witnesses, such as doctors, psychologists, and other healthcare providers, can testify about the severity of the victim’s injuries and the expected long-term effects. For example, a doctor might explain how an injury causes chronic pain or limits the victim’s ability to perform everyday activities, while a psychologist might provide insight into the victim’s emotional trauma.
Personal Testimony
The victim’s own testimony is often key to proving pain and suffering. The injured party can describe how the accident has impacted their life, including their ability to work, engage in hobbies, and maintain personal relationships. Personal testimony helps provide a vivid picture of the daily struggles the victim endures due to their injuries.
Daily Journal
Victims are often advised to keep a journal that documents their pain levels, emotional struggles, and how the injury affects their daily activities. This journal can serve as valuable evidence in showing the persistence and intensity of the pain and suffering over time.
Photos and Videos
Visual evidence, such as photos or videos of the injuries and their effects on the victim’s daily life, can be powerful in demonstrating the impact of the accident. For example, photos of the victim’s physical injuries immediately after the accident and during the recovery process can help illustrate the extent of the pain and suffering they endured.
How Are Pain and Suffering Damages Calculated?
Calculating pain and suffering damages can be challenging because there is no fixed formula. The calculation depends on several factors, including the severity of the injury, the duration of recovery, the long-term effects on the victim’s life, and the jurisdiction where the case is being handled.
Insurance companies use two common methods to calculate pain and suffering damages: the multiplier method and the per diem method.
The Multiplier Method
The multiplier method is one of the most commonly used approaches for calculating pain and suffering damages in personal injury cases. With this method, the victim’s economic damages (such as medical expenses and lost wages) are multiplied by a number, typically between 1.5 and 5, depending on the severity of the injury and its impact on the victim’s life.
For example, if a victim’s economic damages total $50,000 and the injury is considered moderate to severe, the multiplier might be set at 3. The pain and suffering damages would then be calculated as $50,000 x 3 = $150,000.
Factors that influence the multiplier include:
- The severity of the injury
- The length of recovery
- Whether the injury is permanent or long-lasting
- The impact on the victim’s ability to work and enjoy life
- The level of emotional distress
The multiplier method provides a straightforward way to estimate pain and suffering damages, but it is still subjective. Insurance companies and courts may debate the appropriate multiplier based on the unique circumstances of the case.
The Per Diem Method
The per diem method calculates pain and suffering damages by assigning a daily monetary value to the victim’s pain and suffering and then multiplying that amount by the number of days the victim is expected to experience pain and suffering. The daily rate is typically based on the victim’s daily earnings or an arbitrary amount set by the court or insurance company.
For example, if the daily value is set at $200 and the victim is expected to experience pain and suffering for 300 days, the pain and suffering damages would be calculated as $200 x 300 = $60,000.
The per diem method is often used in cases where the victim’s recovery is relatively short-term and predictable. However, it may be less effective in cases involving long-term or permanent injuries, where the ongoing nature of the pain and suffering may not be easily captured by a fixed daily rate.
How a Personal Injury Lawyer Can Help Victims
Proving pain and suffering in a personal injury case can be a complex and nuanced process, which is why it’s important to have an experienced personal injury lawyer on your side. Whether you were the victim of a car accident, slip and fall accident, or medical malpractice, our team at Ross Moore Law can help you secure fair compensation.
Building a Strong Case
An experienced personal injury lawyer will gather the necessary evidence to support your claim for pain and suffering. This includes collecting medical records, obtaining expert testimony, and helping you document your physical and emotional hardships.
Negotiating with Insurance Companies
Insurance companies are notorious for downplaying pain and suffering damages to minimize payouts. A skilled lawyer can negotiate with the insurance company on your behalf, ensuring that they take your pain and suffering seriously and offer a fair settlement that fully compensates you for your losses.
Accurate Valuation of Damages
Personal injury lawyers have experience calculating pain and suffering damages using both the multiplier method and the per diem method. They will evaluate your case, consider all relevant factors, and provide an accurate estimate of the value of your non-economic damages.
Trial Representation
If the insurance company refuses to offer a fair settlement, your lawyer will be prepared to take your case to court. They will advocate for your rights before a judge and jury, presenting compelling evidence to prove the extent of your pain and suffering and secure the compensation you deserve.
Contact Ross Moore Law Today
Pain and suffering are essential components of many personal injury cases, but proving and calculating these damages can be complex. If you’ve been injured in an accident due to someone else’s negligence, Ross Moore Law is here to help. Our experienced personal injury attorneys will work tirelessly to ensure that your pain and suffering are accurately represented and that you receive fair compensation for your physical and emotional hardships.
Contact us today for a free consultation to discuss your case and learn how we can assist you in pursuing the justice you deserve.