What is Pain and Suffering in a Personal Injury Case?

When a person has been injured due to someone else's negligence, they are often entitled to file a claim to pursue compensation for their pain and suffering. Pain and suffering are intangible forms of damage that can be difficult to quantify in a personal injury lawsuit case. It encompasses both physical and mental anguish caused by the injury to the accident victim, as well as any associated loss of enjoyment of life.

When a person is injured due to another party's negligence in a personal injury case, they may be able to seek compensation for their chronic pain, emotional trauma, and suffering. However, it can be difficult to quantify this type of damage in a court of law.

Injured individuals need to gather evidence such as medical records, witness testimonies, photos of the accident scene, and any other relevant documents that can help demonstrate the extent of their suffering due to the injury.

Call Ktenas Injury Attorneys' experienced personal injury lawyers at (312) 300-2515 to discuss your case and for more information on the injury claims process.

Damages Awarded for Pain and Suffering

Pain and suffering is a type of non-economic damage in personal injury cases. These damages compensate victims for physical and emotional distress, such as pain, fear, inconvenience, loss of quality of life, and more. Pain and suffering awards are typically determined by the extent of the bodily injuries and associated medical bills for severe injuries.

In most cases involving physical injuries, damages for pain and suffering are awarded on top of economic damages, such as medical costs and lost wages. In some cases, punitive damages may also be awarded to punish a defendant for their reckless behavior or intentional harm.

Economic Damages

Economic damages are part of a settlement awarded to a plaintiff in a personal injury case. These damages are awarded to compensate the plaintiff for any economic losses they have incurred as a result of their injury. Economic damages can include past and future medical expenses, lost wages, and loss of earning capacity.

For example, if John was injured in a car accident due to another driver’s negligence, he might be entitled to compensation for past hospital bills, future medical costs, lost wages due to missing work, and any other expenses he has incurred as a result of the accident.

Non-Economic Damages

Non-economic damages refer to the pain and suffering associated with a personal injury case. This can include mental pain and suffering, post-traumatic stress disorder, mental anguish, emotional injuries, wrongful death, loss of consortium or companionship, and disfigurement. These types of damages are subjective and difficult to quantify in terms of monetary value.

Physical pain and suffering refers to the physical discomfort from an injury that is experienced by the victim. This includes pain, discomfort, and limited mobility associated with the injury.

Mental anguish refers to the emotional distress a person experiences as a result of their injury. This can include fear, distress, anxiety, depression, humiliation, or any other type of psychological suffering due to the injury.

Loss of consortium or companionship is awarded in cases where an injury has caused a victim to be deprived of the companionship or love of a spouse or family member.

In most cases, non-economic damages are awarded on top of economic damages to help compensate victims for their pain and suffering. The exact amount awarded can vary depending on the extent of injury and other factors such as medical expenses and lost wages.

Calculating Damages for Pain and Suffering

Pain and suffering is one of the most common forms of damages sought by plaintiffs in a personal injury case. Pain and suffering can refer to physical pain, mental anguish, emotional distress, loss of enjoyment of life, and other forms of non-economic hardship resulting from an injury.

The calculation of damages for pain and suffering varies depending on the jurisdiction and case law in the area. Generally speaking, damages for pain and suffering are calculated using the per diem method and the multiplier method.

Damages are awarded as a multiple of the plaintiff's economic damages, with the specific multiplier varying depending on the severity of the injury and other factors. In certain situations, punitive damages may also be awarded to penalize a defendant for their reckless behavior or intentional harm.

Pain and suffering are a form of non-economic damage in personal injury cases that compensates victims for physical and emotional distress. These damages can include physical pain, mental anguish, emotional distress, loss of consortium or companionship, and more.

Economic damages are typically awarded on top of non-economic damages to help compensate the victim for their losses. The exact amount of damages awarded will depend on the extent of injury and other factors such as medical expenses and lost wages.

Multiplier Method

The multiplier method helps calculate damages in personal injury cases. It involves multiplying special damages by a number between 1.5 and 5, based on injury severity. A higher multiplier indicates more pain and suffering. For example, if John had $10,000 in medical bills from a car accident caused by someone else, he may receive compensation for pain and suffering. If the multiplier is 4, his total award would be $40,000 ($10,000 x 4).

If you have been injured due to someone else's negligence, you may be experiencing physical and emotional pain and suffering. Pain and suffering can include medical expenses, lost wages, physical impairment or disfigurement, loss of enjoyment of life, psychological trauma, emotional distress, loss of companionship, and more.

Calculating damages for pain and suffering can vary depending on the jurisdiction and factors such as severity of injury, medical expenses, and lost wages.

Does Your Injury Claim Include Damages for Pain and Suffering?

To get the compensation you deserve, it is important to speak with Ktenas Injury Attorneys an experienced personal injury law firm. Contact Ktenas Injury Attorneys' personal injury lawyers for more information.