Pain And Suffering In A PI Case

If you’ve been injured in an accident, and your life has been disrupted through no fault of your own, you are probably eligible to receive compensation for your pain and suffering. Pain and suffering refer to the injuries a plaintiff may incur as a result of an accident, therefore it is a common claim in personal injury cases. It can encompass everything from physical injuries to emotional and mental injuries.

What Do Pain and Suffering Look Like?

Pain and suffering aren’t always apparent on the surface, they can often take the form of:

  • Discomfort
  • Depression
  • Anxiety
  • Insomnia
  • Irritability
  • Loss of consortium

Pain and Suffering is a General Damage

The concept of pain and suffering is general damage, which means it is non-economic damage. Unlike the loss of property and loss of income, which have specific dollar amounts tied to them, general damages are unique to each plaintiff and must be individually assessed. A personal injury attorney will include pain and suffering damages along with the specific damages in your case. But putting a dollar amount on pain and suffering can be difficult, how do you appraise someone’s well-being?

Methods of Assessment

To ensure a settlement offer that includes compensation for pain and suffering is reasonable, attorneys use assessment methods like those below:

  1. Multiplier Method

Multiply the plaintiff’s actual damages (medical bills, lost wages) by a certain number, generally between 1 and 5. For example:

  • A plaintiff incurred $5,000 in medical bills
  • The number determined is four (based on the severity of the accident)
  • $5,000 x 4 = $20,000
  • The plaintiff’s attorney will seek $20,000 in damages for their client
  1. Per Diem Method

A certain dollar amount is assigned for every day from the day of the accident to the day the plaintiff has reached maximum recovery. For example:

  • It takes a plaintiff 180 days from the day of the accident to the day of their maximum recovery
  • The plaintiff’s attorney assigns $100 to each day
  • 180 days x $100 a day = $18,000
  • The plaintiff’s attorney will seek $18,000 in damages for their client

The truth is, it doesn’t matter how much in actual damages you have, or how many days it takes you to fully recover, pain and suffering are a part of every personal injury lawsuit. When a plaintiff has been negligently injured, physical, emotional, and mental pain can be immediately apparent or they can take years to manifest. Don’t wait until the symptoms become unbearable before you decide to seek compensation.

If you’ve been injured in an accident, even a minor one, and your injuries have prevented you from living your life as you once used to, call Kamper & Estrada, PLLC for a free initial consultation. Our experienced personal injury lawyers can fairly assess your case and your pain and suffering.


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