Pain and suffering” is a legal term describing both the physical and emotional injuries victims suffer following an accident. For settlement purposes, physical pain and mental health damage may qualify under Pennsylvania law as pain and suffering. In cases where a victim dies due to another person’s negligence, the surviving family may make a claim for pain and suffering under the injury statutes relating to loss of consortium.
Pain and Suffering and Your Injury Case
When a lawyer looks at your case, they are looking at the pain and suffering impact for you now and in the future. The question is “How are you different now and has your outlook changed as a result of this injury?” and how much should you be compensated for that?
Physical Pain and Suffering
Physical pain and suffering is the injuries to your body that may include “…actual broken bones and internal ruptures, but also the aches, pain, temporary and permanent limitations on activity, potential shortening of life…” (1). These are injuries that cause you physical pain and may limit your physical abilities into the future.
Mental Pain and Suffering
The stress and mental anguish that you suffer as a result of a personal injury can be an additional component to any physical injuries you’ve sustained. You may also experience mental pain and suffering in the absence of physical injuries. Victims may often feel “negative emotions such as anger, fear, anxiety, humiliation, and shock; and decreased ability to enjoy life, including sleep disturbances, sexual dysfunction, lack of energy, inability to engage in hobbies, and loss of appetite.” (2)
Calculating Pain and Suffering
It can sometimes be difficult to attribute an exact number on pain and suffering, but personal injury lawyers like Jeffrey H Penneys are experienced at reviewing all the factors in the case. Medical bills and lost wages form the foundation of the claim and are called “special damages”. These are economic components that are easy to calculate. Pain and suffering is the calculation of the non-economic benefits – it’s difficult to put a number to that experience. Each person’s unique situation and reaction to the incident can be quite different. A person needs to be able to prove that their pain and suffering is a result of the injury they have sustained. There are many factors that could affect the claim, such as:
- Your age
- The impact on your well-being
- Being unable to participate in hobbies or activities you once enjoyed
- Period of recovery
- Any permanent damage or disfigurement
- Your health and physical condition before the injury
- Whether your testimony is credible and consistent
- Even whether your testimony appears likeable and trustworthy
How is Pain and Suffering Calculated
There are two main ways to calculate pain and suffering:
- The multiplier method adds up all the actual damages and multiplies that number by a factor usually somewhere between 1.5 and 5. This will depend on the severity of the claim.
- A per diem amount. Using this method, a dollar amount per day is paid to the victim from the date of the accident until a future date; typically, when the victim is expected to be fully recovered.
Choosing the Right Lawyer
On their own or together, pain and suffering are the damages that are commonly pursued in personal injury cases. There are many factors that can affect the compensation sought in a personal injury case and you want an attorney on your side that has the skill and experience to fight on your behalf. Contact Jeffrey H Penneys for a free consultation to discuss your personal injury case.
Sources
1 Legal Dictionary – Law.com. (n.d.). Retrieved January 08, 2021, from https://dictionary.law.com/Default.aspx?selected=1433
2 Pain and Suffering term. (n.d.). Retrieved January 08, 2021 from NOLO: https://www.nolo.com/dictionary/pain-and-suffering-term.html