Understanding Pain and Suffering in Personal Injury Claims
A personal injury claim is intended, as much as possible, to make a person “whole” after an injury by fully compensating them for all the harm they have suffered because of another party’s negligence or intentional misconduct. A full measure of compensation includes not just payment for medical expenses, lost income, and property damage, but also for the victim’s pain and suffering they’ve been forced to endure. Below we talk about this important concept and what this phrase means in the context of a personal injury claim. If you’ve been injured in a car accident, slip and fall, or any other negligence-based injury in Philadelphia, call Benedum Law for a free consultation with a compassionate and dedicated Chestnut Hill personal injury lawyer.
What Is Pain and Suffering?
In the realm of personal injury law, pain and suffering refer to the physical discomfort and emotional distress a victim undergoes after an accident. This includes not just the immediate pain, but also the long-term physical consequences, such as chronic pain or disability. Emotional distress may encompass anxiety, depression, loss of enjoyment of life, insomnia, scarring and disfigurement, and more.
Suing for Pain and Suffering
Typically, a lawsuit that includes pain and suffering will be based on a provable physical injury. Without a physical injury, it is more difficult to prove the existence of pain and suffering or tie it to an act of negligence that caused the injury. Additionally, proving pain and suffering can be more challenging than showing physical injuries as pain and suffering is more subjective to the individual and relies heavily on personal testimony and medical records supporting your claim.
Hiring a skilled personal injury attorney can make a significant difference in the outcome of your case. An experienced injury lawyer works closely with medical professionals, mental health experts, and investigators to gather strong evidence that supports your claim for pain and suffering.
How Are Pain and Suffering Calculated?
Understanding how pain and suffering are calculated can seem puzzling. Unlike economic damages such as medical bills and lost wages, which are relatively straightforward to compute, pain and suffering are subjective and vary greatly from case to case.
Typically, courts use one of two methods to calculate these non-economic damages: the Multiplier Method and the Per Diem Method.
The Multiplier Method involves adding up all actual costs (like medical bills and lost earnings) and multiplying them by a certain number, usually between 1 and 5. The specific number used depends on the severity and permanency of the injury, among other factors.
The Per Diem Method assigns a specific dollar amount for each day from the date of the accident until you achieve maximum recovery. This amount can be based on your daily earnings or another reasonable figure.
Regardless of the method used, a well-documented account of your experiences, backed by medical records, is pivotal in justifying your claim for pain and suffering.
Why Choose Benedum Law?
At Benedum Law, we are passionate about advocating for injury victims in Philadelphia. We understand the physical, emotional, and financial toll that an injury can take. Our experienced team is dedicated to helping you recover not just for your tangible losses, but for your pain and suffering as well.
Navigating a personal injury claim can be challenging, but you don’t have to do it alone. Contact Benedum Law in Chestnut Hill, your trusted Philadelphia personal injury law firm, today to discuss your case and potential claim for pain and suffering and other legal damages.