There is no exact way pain and suffering is calculated, as everyone experiences it differently. The cost of your pain and suffering is strongly affected by the severity of your injuries, the extent to which your life has been impacted or will be impacted in the future, and the impact on your lifestyle and mental health.
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Proving Pain and Suffering in a Personal Injury Case
In order to prove the extent of your pain and suffering, we must conduct an investigation and gather evidence that documents the extent of your financial losses. The evidence we collect may include:
- Documentation and release forms from medical experts who can provide testimony regarding your mental state
- Medical experts who can testify regarding your level of pain
- Medical records that show the medication you are being prescribed to manage physical pain or anxiety as a result of your injury
- Statements from friends or family that detail what your mental state has been and how your lifestyle has been changed because of your injury
Calculating the Cost of Pain and Suffering
Insurance companies consider a number of factors as they are trying to calculate pain and suffering, including:
- The severity of your injuries
- The pain and mental anguish associated with your injuries
- The length of time it will take you to heal and whether your injuries are permanent
- How the injuries have impacted your relationships, job, and life
- Whether you will need future care such as in-home nursing, therapy, surgeries, or medications
There is no exact standard method by which pain and suffering is calculated.
Some companies may calculate the total economic losses you have incurred and then use the factors above to determine a fair number by which to multiply your financial losses. Other insurance companies may set a dollar amount for each day you had to endure pain and suffering as a result of your injuries and then multiply that amount by the number of days you were affected. In other cases, the insurance company may rely on software with complex algorithms to calculate a fair amount for pain and suffering.
A lawyer can help you by building a strong case with clear evidence documenting the extent of the pain and emotional anguish you have endured as a result of your injury. This will allow them to calculate the value of your case and negotiate with the insurance companies for a fair settlement.
Other Types of Noneconomic Damages You May Recover After a Personal Injury
Pain and suffering is just one type of noneconomic damage that you may be able to recover as a result of your injury. Some other types of noneconomic damages include:
- Mental pain and anguish, including stress, trauma, and anxiety resulting from the injury
- Lower quality of life, which refers to the extent to which you must now rely on others, your lack of mobility, and other factors involving your quality of life
- Loss of a career if you are unable to return to work as a result of your injury
- Physical impairment, such as disability or disfigurement
In the case that your family member did not survive because of the seriousness of their injuries, there are specific noneconomic damages related to a wrongful death suit, including:
- Loss of companionship
- Loss of support and protection
- Loss of consortium
If you or a loved one has been injured due to another party’s negligence, contact us today at (631) 451-7900 for a free evaluation of your case. We can help you assess the value of your personal injury claim or lawsuit.