Charlotte Injury Lawyers Blog
What is Pain and Suffering, and How is it Calculated?
If you or someone you love was hurt in an accident, you may suffer financial, physical, and emotional damages. In North Carolina, you are allowed to request damages you suffered in an accident that wasn’t your fault. There are both economic and non-economic damages that you incur as a result of an injury. Many people wonder whether they may be able to collect compensation for pain and suffering, and if so, how much money they are owed.
What is Pain and Suffering?
Pain and suffering is a term that is used to describe non-economic damages in a personal injury claim. Non-economic damages are those that do not have a specific cost, yet they are compensable. Pain and suffering include a variety of things, such as mental or physical anguish and distress, pain, loss of enjoyment of life, disfigurement, disability, anxiety, PTSD, depression, and more. In some cases, these types of injuries can cause long-term and ongoing issues for victims. You may be owed money for your pain and suffering. Note that pain and suffering are not allowed in workers’ compensation claims.
Factors Considered in Determining Pain and Suffering
There are several factors to consider when determining pain and suffering. The severity of the injury is important. If the injury results in paralysis or another form of permanent disability, there will likely be higher compensation than for a temporary injury such as whiplash or broken bones. Another factor is how the injury affects the victim’s daily life. Consideration is also given to the emotional trauma that the accident caused. In general, a stronger case will be made when there is clear evidence of damages from pain and suffering.
How is Pain and Suffering Calculated?
Non-economic damages may be ordered in addition to economic damages, like medical costs and lost wages. The law does not provide a specific formula to calculate pain and suffering damages. Different methods may be employed when evaluating pain and suffering factors in a particular case. A per diem method uses a determined dollar amount that is then multiplied by the number of days. A multiplier method uses a factor to multiply damages. Since there is no set calculation method in place, it is up to the insurance company, judge, or jury to make a determination.
How to Prove Pain and Suffering
Pain and suffering damages are not automatic. You will need to prove that you have been harmed in order to seek this type of compensation. Pain and suffering are somewhat subjective, so it is important to gather as much documentation as possible. This may include extensive medical reports, photos of injuries, records from mental health professionals, statements from family members, and journals detailing your daily issues. In addition, you will likely need to have a professional testify on your behalf. Be sure to maintain extensive records of your injuries and life after the accident.
Pain and suffering are real damages that you may have suffered as part of a personal injury case. If you were hurt in an accident that was not your fault, it is helpful to discuss the matter as soon as possible with a knowledgeable personal injury attorney. Call Arnold & Smith, PLLC, today at (704) 370-2828 to request a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://dictionary.nolo.com/noneconomic-damages.html
https://www.law.cornell.edu/wex/pain_and_suffering
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