Understanding Pain and Suffering Damages in Personal Injury Claims
When someone sustains an injury due to another party’s negligence, the consequences often extend far beyond loss of income and medical bills. The pain, emotional distress, mental anguish, and a diminished quality of life after an accident and injury can severely impact a person’s ability to function.
In personal injury claims, the damages related to these non-economic losses are categorized as pain and suffering. The legal term is used to represent the physical and emotional toll of an injury, which can be more difficult to measure compared to tangible financial losses.
At The Eskesen Law Firm, attorney Frank Eskesen and our personal injury firm focus on helping clients seek fair compensation for these profound losses.
As an experienced New York personal injury attorney, Frank Eskesen guides clients through the intricacies of pain and suffering claims, making sure that victims of accidents are fully compensated for both the measurable and immeasurable impacts of their injuries.
We’ll walk you through the details of pain and suffering damages, including their definition, how they’re calculated, and what factors influence the compensation you may be entitled to. It will also highlight the crucial role injury attorneys play in protecting your rights and maximizing the settlement or award for these non-economic damages.
Defining Pain and Suffering in Legal Terms
Pain and suffering are legal terms used to describe the non-economic damages that a victim endures after an accident. Unlike medical bills or lost wages, which are easily quantifiable, pain and suffering account for more intangible losses that can significantly affect a person’s life.
These damages are subjective and vary from one individual to another, but they’re crucial in assuring a fair recovery for the person who has been injured.
What Does Pain and Suffering Include?
Pain and suffering are generally split into two categories: physical pain and emotional suffering. Both of these categories may overlap, but they cover different aspects of the injury’s impact. Here’s a closer look at what constitutes pain and suffering:
Physical pain: This includes the immediate pain caused by the injury, such as broken bones, burns, or other physical trauma. It also encompasses ongoing discomfort or chronic pain that may persist throughout the recovery period and beyond.
Emotional distress: Injuries can cause significant emotional suffering. Victims may experience anxiety, depression, insomnia, fear, and post-traumatic stress disorder (PTSD). Emotional suffering can also manifest as a reduced sense of well-being, including feelings of humiliation or frustration due to the inability to perform daily tasks.
Loss of enjoyment of life: When an injury prevents a person from engaging in activities they previously enjoyed, such as playing sports, attending social events, or traveling, the emotional and psychological impact can be substantial. This loss of enjoyment is an essential aspect of pain and suffering claims.
Loss of consortium: In some cases, an injury may severely affect relationships between spouses, families, or other loved ones. This type of pain and suffering focuses on the emotional distress that the injured person’s family members experience due to the accident.
Understanding these components is essential in building a comprehensive case for pain and suffering damages.
Methods for Calculating Pain and Suffering Damages
Because pain and suffering are non-economic damages, calculating their value is more subjective than determining monetary damages like medical bills or lost wages. While no mathematical formula can accurately represent an accident victim's pain and suffering, Courts and insurance companies often rely on several methods to estimate these damages, including the multiplier method and the per diem method.
Multiplier Method
The multiplier method is one of the most commonly used methods for calculating pain and suffering damages. In this method, the total amount of economic damages (medical bills, lost wages, etc.) is multiplied by a number, which usually ranges from 1.5 to 5. This multiplier is intended to reflect the severity of the injury and its impact on the person’s life.
For instance, if your economic damages total $50,000 and the severity of your injuries warrants a multiplier of 3, your pain and suffering compensation would be calculated as follows:
$50,000 (economic damages) x 3 (multiplier) = $150,000 in pain and suffering damages
The multiplier depends on various factors, including the extent of the injury, the severity of pain experienced, and the long-term impact on the victim’s life.
Per Diem Method
The per diem method is another approach used to calculate pain and suffering damages. This method assigns a daily rate to the victim’s pain and suffering and then multiplies it by the number of days the victim has endured or will continue to endure that pain.
For example, if an attorney determines that $200 per day is an appropriate rate for your suffering, and your recovery period is estimated at 180 days, your pain and suffering damages would be:
$200 (daily rate) x 180 (days of pain) = $36,000 in pain and suffering damages
This method is often used when the injuries are expected to have a prolonged impact on the victim’s life. It allows the court to evaluate pain and suffering on a day-to-day basis, rather than in lump sums based on overall injury severity.
Factors Influencing Pain and Suffering Compensation
While the methods mentioned above provide a general strategy for calculating pain and suffering damages, several factors can influence the final amount of compensation awarded. These factors take into account both the physical and emotional impact of the injury on the victim's life.
Key Factors to Consider
Severity of the injury: More severe injuries that cause significant pain and long-term consequences generally result in higher compensation. For example, a spinal cord injury or traumatic brain injury typically leads to more substantial pain and suffering damages than a minor fracture or sprain.
Duration of recovery: The length of time it takes for the victim to recover from the injury can play a crucial role in calculating pain and suffering damages. Injuries that require extensive medical treatment or that lead to permanent disability often warrant higher awards.
Impact on daily life: If an injury prevents you from going to work, participating in hobbies, or engaging in family activities, these consequences are important in determining your pain and suffering damages. The more significant the impact on your everyday life, the higher the potential compensation.
Emotional and psychological effects: Injuries often cause more than just physical pain. Many victims experience long-lasting emotional distress, including anxiety, depression, and PTSD. These psychological effects can add substantial value to your pain and suffering claim.
Credibility of evidence: The strength of your evidence will also influence your compensation. Strong documentation, such as medical records, therapy notes, and personal accounts of pain, can help establish the extent of your suffering. Inconsistent or weak evidence may undermine your case.
As you can see, multiple factors contribute to the final value of your pain and suffering claim, and understanding these factors can help you better prepare for the legal process.
Documenting Pain and Suffering
To successfully claim pain and suffering damages, documenting the full extent of your injury and its impact is critical. Because pain and suffering are intangible, the more evidence you can provide, the stronger your case will be. The following types of documentation can support your claim:
Medical records: Medical records are essential in proving that an injury occurred and detailing the extent of the injury. These records can also include information about ongoing treatment, medication prescribed for pain relief, and long-term care needs.
Therapy and counseling notes: If you have sought therapy or counseling for emotional distress following the accident, these records can serve as powerful evidence in your claim.
Personal journals: Writing about your daily experiences can help establish the physical pain and emotional toll you endure. Keeping a pain journal where you document the severity of pain each day, your emotional state, and limitations in your daily life can be compelling evidence.
Witness statements: Testimonies from friends, family, coworkers, or others who have observed your pain and suffering can strengthen your claim. These individuals can testify to the changes in your mood, behavior, and ability to perform daily activities.
Photographs: Photos that show the extent of your physical injuries, as well as images that document changes to your life (such as an inability to engage in activities you once enjoyed), can support your claim for pain and suffering.
The more comprehensive and consistent the documentation, the more likely you are to receive fair compensation for your suffering. Finally, we’ll discuss how a personal injury attorney can assist with your claim.
Contact a Personal Injury Attorney Today
If you've suffered an injury due to someone else's negligence, The Eskesen Law Firm is here to help. Attorney Frank Eskesen is an experienced personal injury attorney and is committed to securing compensation for your pain and suffering. Our firm is dedicated to supporting victims throughout New York, New York. Contact us today for a consultation and let us guide you through the legal process.