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
- 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.