Because pain and suffering damages do not have a direct financial value tied to them the same way that medical bills or property repairs do, they can be difficult to assign such a value to. Properly valuing these damages requires a Carlsbad personal injury attorney who understands what is included in this form of damages, proving their existence, and arguing for fair compensation for them.
What Do Pain and Suffering Damages Include?
Pain and suffering are broad terms that encompass many different types of losses that personal injury victims may suffer. They are a form of non-economic damages, so they are intangible and do not have an inherent value, but they can include the following:
- Physical pain and suffering: You can receive compensation for the physical discomfort, pain, and suffering that you endure because of your injuries and resulting medical treatments, including neck pain after suffering whiplash in a car accident or chronic back pain following a slip and fall.
- Emotional distress: Physical injuries aren’t limited to only affecting accident victims physically. They can also have a significant effect on a person’s mental health. Accident victims may suffer mental anguish, emotional distress, insomnia, PTSD, anxiety, depression, and other mental health effects.
- Loss of quality of life: You can also recover compensation for your diminished quality of life and loss of enjoyment of life because you have suffered serious injuries that affect your personal relationships or prevent you from enjoying favorite pastimes or hobbies.
- Physical impairments or disabilities: Some personal injuries cause long-lasting disabilities or impairments that affect your ability to work, your mobility, and your independence. You can seek compensation for these real-world effects on your daily life.
Being sure to include all aspects of your pain and suffering is critical to seeking fair compensation for these losses.
How to Prove Pain and Suffering Damages in a Personal Injury Case
Fortunately, there may be various forms of evidence that your Carlsbad car accident lawyer can gather and preserve to present to fact finders to establish the real pain and suffering that you have endured. This evidence could include:
- Your own personal statements about your injuries and their effect on your life
- Medical records that detail the effects of your injuries on your life
- Testimony from a medical expert that reports that your pain and suffering is likely, given your injuries
- A pain journal in which you record your daily struggles, pain, and symptoms
- Testimony from your spouse, friends, and loved ones about what your life was like before and after the accident
Methods to Determine the Value of Pain and Suffering Damages
There are various ways that people can put a number on pain and suffering. Insurance companies sometimes use the multiplier or per diem method. The multiplier method assigns a value, usually between one and five, and multiplies it by the amount of economic damages. The per diem method assigns a daily value for your pain and suffering and multiples that value by the number of days you were suffering.
Judges and juries are often encouraged to consider what they feel their own pain and suffering would be worth under similar circumstances.
Contact Our Personal Injury Lawyers for Legal Assistance
If you were injured by someone else’s negligence, you don’t want to make the mistake of underestimating the value of your pain and suffering. The legal team at the Miller & Steele Law Firm can help you pursue the full and fair compensation you deserve. Contact us today for a free consultation.