Understanding Pain and Suffering Damages in Personal Injury Claims

When you're injured due to someone else’s negligence, it’s not just your medical bills or lost wages that matter—your physical pain and emotional distress deserve recognition as well. This is where pain and suffering damages come into play in personal injury claims. At Owens & LeMay, we believe in helping clients understand this important aspect of personal injury law so they can pursue the full compensation they deserve.

What Are Pain and Suffering Damages?

Pain and suffering damages are a type of non-economic compensation awarded in personal injury cases to account for the physical and emotional hardships caused by an injury. Unlike economic damages, such as medical expenses or lost income, these damages are more subjective and seek to address the intangible effects of an accident. Examples include:

• Physical Pain: Ongoing discomfort, chronic pain, or limitations caused by the injury.

• Emotional Distress: Anxiety, depression, post-traumatic stress disorder (PTSD), or psychological trauma stemming from the accident.

• Loss of Enjoyment: Inability to enjoy hobbies, exercise, or participate in daily activities due to injuries.

• Disfigurement or Disability: Permanent scars, physical limitations, or impairments affecting quality of life.

How Are Pain and Suffering Damages Calculated?

Unlike economic damages, which have clear dollar amounts, pain and suffering damages are more challenging to calculate. Here are common methods courts and insurance companies use:

Multiplier Method

This involves multiplying the total economic damages by a number (typically between 1.5 and 5) based on the severity of the injury. For example, if your medical bills total $20,000 and a multiplier of 3 is applied, the pain and suffering damages would be $60,000.

Per Diem Method

This approach assigns a daily rate (often based on the injured person’s daily earnings) and multiplies it by the number of days the person has suffered due to the injury. For instance, if the daily rate is $200 and the suffering lasts for 180 days, the damages would total $36,000.

Insurance companies or courts may use other factors, such as the credibility of evidence, testimony, and local laws, to adjust the calculation.

What Factors Influence Pain and Suffering Awards?

Several factors can affect the amount awarded for pain and suffering in a personal injury case, including:

1. Severity of the Injury: More serious, permanent, or catastrophic injuries generally lead to higher awards.

2. Impact on Daily Life: If the injury significantly disrupts your ability to work, care for yourself, or maintain relationships, it can increase damages.

3. Recovery Time: Long-term or ongoing suffering usually results in greater compensation.

4. Emotional Testimony: Personal statements or witness accounts about the injury’s effects can strengthen the case for damages.
   

Proving Pain and Suffering in a Personal Injury Claim

Because pain and suffering are subjective, providing evidence is crucial to substantiate your claims. Common forms of proof include:

1. Medical Records: Documentation from doctors detailing the injury, treatments, and prognosis.

2. Expert Testimony: Opinions from medical professionals or psychologists regarding the extent of pain or emotional distress.

3. Personal Testimony: Statements describing how the injury has affected your daily life, emotional state, and relationships.

4. Witness Testimony: Accounts from friends, family, or colleagues about changes they’ve observed in your behavior or capabilities.

5. Journals: A daily log detailing your physical and emotional experiences can serve as powerful evidence in court.
   

How Owens & LeMay Can Help

Pain and suffering damages play a critical role in achieving full compensation for your injuries. At Owens & LeMay, we understand how challenging it can be to recover from an accident while navigating the complexities of a personal injury claim. Our experienced attorneys will:

• Advocate for your right to fair compensation.

• Gather and present compelling evidence to demonstrate the extent of your suffering.

• Work with experts to support your case and negotiate with insurance companies on your behalf.

• Whether through settlement or trial, we’re committed to fighting for the compensation you deserve so you can focus on healing and moving forward with your life.
  

Contact Us Today

If you’ve been injured due to someone else’s negligence, don’t settle for less than you deserve. Contact Owens & LeMay today to schedule a free consultation and let us help you navigate the process of seeking compensation for your pain and suffering. Together, we’ll work to secure the justice and financial support you need to rebuild your life.