Pain and suffering are emotional distress after an injury or other trauma. It can include physical, emotional, and psychological distress and loss of life satisfaction. When a person has been damaged due to the negligence of another party, they may be eligible to receive compensation for their pain and suffering.
You should contact a personal injury lawyer if you have experienced pain and suffering from another party’s negligence. This way, they can analyze your case and help you determine a reasonable settlement for your pain and suffering.
What Counts as Pain and Suffering?
Pain and suffering are the physical pain and discomfort a person experiences due to an injury or trauma. This can also pertain to the emotional or mental distress that a person experiences due to the injury. This can include mental anguish, emotional distress, and loss of consortium.
Remember, pain and suffering are based on the individual’s experience and how it affects them than the injury itself. Therefore, what one person experiences as pain and suffering may differ from what another person experiences.
Based on your personal injury lawyer, some cases can count as compensation for pain and suffering. These include:
- car accident
- medical malpractice
- slip and fall
- product liability
- wrongful death
Average Pain and Suffering Settlement
The settlement for your pain and suffering differs from case to case, as it depends on the severity and duration of your injuries, the number of your medical bills, and the degree to which your injuries affected your life. Generally, a fair settlement amount can range between one and five times your medical bills. However, your settlement could be significantly higher depending on the circumstances of your case.
How Pain and Suffering Costs Are Calculated
Once the cause of your pain and suffering has been determined, your personal injury lawyer will evaluate the economic and non-economic damages you have suffered to calculate a settlement amount. Economic disturbances include medical bills, lost wages, and property damage, while non-economic damages include emotional distress.
Your lawyer typically uses a multiplier method to calculate your pain and suffering damages. This involves multiplying your economic damages by a number between one and five, depending on the severity of your injuries. For instance, if you have $10,000 in medical bills and a multiplier of three, your pain and suffering damages would be $30,000.
Your lawyer may also use the per diem method to measure your pain and suffering damages. This method determines a dollar amount for each day you have suffered pain and suffering, multiplied by the number of days you have suffered. For example, if you suffered for 60 days and the per diem amount is $100, your pain and suffering damages would be $6,000.
Determining a reasonable settlement for pain and suffering is a complex process that requires a careful analysis of the facts of an individual case. When calculating a reasonable settlement, you should consider various circumstances, such as the extent of the pain, the duration of the suffering, and the impact of the injury on the individual’s life. The best way to determine a reasonable settlement is to call an experienced personal injury attorney who can help you assess your case and arrange a fair settlement.
Santa Rosa Personal Injury Lawyer provides a team of reliable and knowledgeable personal injury lawyers that can help settle your case. We understand the complexities of legal matters and are committed to helping you get the justice you deserve. Consult with us today!