WHAT ARE PAIN AND SUFFERING DAMAGES?
When you are injured in a car collision, you are entitled to be compensated for your damages. There are two kinds of losses. The two types are economic and non-economic damages.
ECONOMIC DAMAGESEconomic losses include such things as medical bills, lost wages, and property damage. You are entitled to be compensated for those losses. Generally, they are easy to prove because they are provable by documents and witnesses.
NON-ECONOMIC DAMAGESNon-Economic damages include such things as pain, suffering, emotional distress, anxiety, worry, and inconvenience. At trial, a jury is instructed to render an award that takes into consideration each of these elements.
Most people understand pain. We all have experienced pain as a result of an injury. But along with pain comes suffering. Suffering takes many forms such as loneliness, distress, fear, anxiety, and depression, just to name a few. The suffering a person goes through when in a lot of pain cannot be overstated. People will do anything to avoid or eliminate suffering. Suffering impacts our entire day. It affects our work and home activities. It affects the ability to be ourselves. It prevents us from being who we are and participating in activities at work and at home. It interferes with our ability to spend quality time with our family and friends. Naturally, it takes away our enjoyment of life.
How are pain and suffering calculated?
No formula is used to put a dollar figure on pain and suffering. Generally, in minor injury cases, an insurance company will peg pain and suffering to the amount of the medical bills, often using a factor of 1 to11/2 time the past medical expenses. As an example, if bills total $3,500.00, an insurance company may add another $1,000-$1,500 for pain and suffering.
More severe injuries do not follow this pattern. Some people recover fully from a serious injury and return to a healthy life with relative ease. In contrast, another person may experience complications or require surgeries or ongoing treatment, develop chronic pain, or even have a prolonged disability.
Many factors go into calculating the value of pain and suffering in a severe injury case. Your pain and suffering settlement amount is impacted by the following:
You need future medical treatment;
Your enjoyment of life has been lost;
Your family has been affected;
You need long term physical assistance;
You can no longer work;
You are permanently disabled.
CONCLUSIONWhen you are injured, working with an experienced personal injury attorney is critical. At MCIS Lawyers, we can help you realize the full value of your case. Ask for a free consultation. No pressure.