Can I Make a Claim for Pain & Suffering?

In many cases, when people think of making a claim for a recovery of money for personal injuries, they are thinking about recovering money to cover the direct cost of the injury, such as money to pay medical bills. Sometimes, a claim for money for physical pain and mental and emotional suffering can be made.

Preparing a Lawsuit for Pain & Suffering

Pain and suffering claims pursue compensation for physical pain and mental and/or emotional suffering the injured party experienced due to an injury. Determining the dollar amount to pursue can be complicated, but there are typically two methods to deterimine a fair amount: the multiple method or the per diem method.

Calculating Pain & Suffering Using the Multiple Method

This is the most common way personal injury lawyers determine a fair amount to pursue for pain and suffering compensation. To put it simply, all monetary costs related to your injury are totaled together and then multiplied by anywhere from one to five. For example, if your out-of-pocket expenses totaled $2,500 after an injury, you might sue for four times the compensation in the amount of $10,000 to cover costs plus pain and suffering.

Using the Per Diem Method

This commonly used Latin term, which translates to "by the day", describes this method perfectly. Using the per diem method, your injury lawyer will determine a dollar value for one day of pain and suffering, then multiply it by the number of days you were affected by the injury. For example, if you were in a car accident that resulted in a broken arm and a concussion, you might have suffered with symptoms from these injuries for 6 weeks, including missing days of work. Using your average daily wage, you may determine that your per diem amount is $150. Multiplied by 6 weeks, this means you can demand compensation in the amount of $6,300.

What is Considered Pain & Suffering After an Accident Injury?

Some examples of pain and suffering include the following:

  • Bodily aches or pains
  • Depression or emotional trauma
  • Limitations on personal activities, such as hobbies
  • Loss of enjoyment of life
  • Mental distress
  • Anxiety
  • Insomnia
  • Post-Traumatic Stress Disorder
  • Physical scars

Whether money can be claimed for pain and suffering damages and how much, depends on the type of case and the injuries.

Contact Attorney James Vaught for answers to your questions about your injury case and whether you have the right to make a claim for pain and suffering damages. Get started today.