It’s not only about paying your lost salaries or medical expenses when you are engaged in a personal injury suit; another crucial element to take into account is pain and anguish. Although it is simpler to estimate economic losses such medical expenses and lost income, pain and suffering can be more subjective and hard to measure. Still, it is very important in many personal injury lawsuits; understanding it can help you evaluate the real worth of your case better.
Pain and Suffering: What Are They?
Pain and suffering relates to the physical pain, emotional anguish, and psychological trauma a person goes through as a consequence of an accident. Beyond the immediate pain from an accident or injury, it also takes into account the long-term consequences on the victim’s quality of life.
Physical Pain and Suffering
This is the genuine physical agony, pain, or injuries a person goes through. It can comprise ongoing discomfort, transient pain from recovery, and any permanent physical restrictions caused by the injury.
Often described as emotional distress, this covers anxiety, sadness, post-traumatic stress disorder (PTSD), loss of enjoyment of life, or any psychological effects resulting from the accident. Additionally included could be the decline in mental health brought on by the inability to do tasks or employment formerly part of one’s regular life.
How Are Suffering and Pain Calculated?
Unlike property damage or medical expenditures, pain and suffering has no set monetary worth. Calculating the worth of these damages can be difficult and subjective; several countries or insurance firms may have their own formulas. Still, a few typical methods are used to assess suffering and pain:
1. Method of Multipliers
Among the most often used methods to measure pain and suffering is the multiplier approach. Here your total medical expenses and lost income (also known as your “economic damages”) is multiplied by a number representing the severity of your pain and suffering.
The multiplier might be 1.5 to 3 for somewhat modest injuries or brief recuperation times.
- Moderate Injuries: The multiplier may range from 4 to 5 for more serious injuries or those needing longer recovery.
- Severe Injuries: The multiplier in cases involving major, permanent injuries, such as paralysis or traumatic brain damage, could be as high as 6 to 10 or more.
This article was written by Alla Tenina. Alla is a top slip and fall attorney in Orange County, CA. and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.