What is Pain and Suffering and How is it Calculated?
When a person has been involved in an accident, you may hear the term “pain and suffering.” A person can experience multiple damages in a car accident, and pain and suffering is one of them.
Damages such as medical bills, lost wages and property damage can be easily calculated. You just add up all the damages. Pain and suffering, on the other hand, is much harder to determine because how do you put a price on pain? How much is a headache worth? What about a brain injury?
If you can no longer walk, how much is that worth to you? If you were fairly active before the accident, then probably a lot. If you primarily sat around and watched TV all day anyway, then mobility is not that important to you. Each person is different.
It can take a long time to come up with a settlement amount for pain and suffering because a lawyer has to really get to know their client and the type of person they were before the accident. They also have to determine how their client’s life has changed since the accident. What can they no longer do?
Pain and Suffering Defined
Pain and suffering is an abstract term that refers to physical and emotional distress caused by an accident. Pain and suffering can encompass a variety of conditions, such as body aches and pain, mobility issues, physical limitations, scarring and disfigurement. It can refer to mental or psychological conditions such as anxiety, depression and post traumatic stress disorder (PTSD). It can also include shortened lifespan, loss of enjoyment of life, loss of consortium and loss of support.
These damages are often referred to as non-economic damages since they cannot be quantified, unlike medical bills and lost wages. Everyone experiences pain differently and has different reactions following an accident, so the degree of pain and suffering will vary. It is hard for the average person to calculate on their own, which is why it’s important to discuss your accident case with an experienced personal injury lawyer.
Calculating Pain and Suffering
The amount of money a person can receive for pain and suffering can vary dramatically. A person with minor injuries may receive just a few thousand dollars, while a person with permanent injuries can potentially receive millions of dollars.
There are several main factors involved. They include the severity of the injury, the medical treatment involved, length of recovery period and any long-term consequences. For example, a person with a traumatic brain injury will receive more compensation for pain and suffering than someone who broke their arm and will recover in several months.
Contact a Coral Springs Personal Injury Attorney
Pain and suffering is subjective. It is not easy to calculate, so coming up with a fair number can be difficult. It is often based on factors such as the severity of the injury and the amount of other damages.
A Coral Springs personal injury attorney at the Law Offices of Barry S. Mittelberg, P.A. can assess your case and come up with a settlement amount. Get the compensation you deserve. Call (954) 752-1213 and schedule a free consultation today.