When you're injured due to someone else's negligence, you may be entitled to compensation. One crucial aspect of this compensation is "pain and suffering." But what exactly does this term mean in legal contexts, and how does it affect your claim? This comprehensive guide will break down the concept of pain and suffering, explain when it applies, and help you understand your rights.
What is Pain and Suffering?
You probably know that being hurt can cause a lot of pain and make life hard. In legal terms, pain and suffering refers to the physical discomfort and emotional distress a person experiences as a result of an injury. This concept goes beyond just physical pain and includes the mental and emotional toll of an accident.
When someone gets hurt, they might ask for money from the person who hurt them. This money is partly for their pain and how much they suffered. When a Louisiana personal injury lawyer helps someone ask for money for pain and suffering, it's not just for physical hurts. It's also for how the accident affected their mind and feelings.
Key components of pain and suffering include:
- Physical pain: The actual bodily discomfort caused by the injury
- Emotional distress: Also known as "mental anguish," this can manifest as:
- Depression
- Anxiety
- Insomnia (Inability to sleep)
- Irritability
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life: The inability to participate in activities or hobbies you once enjoyed
What Kinds of Things Does "Pain and Suffering" Include?
When we say "pain and suffering," we're talking about a variety of ways that an accident can affect your life. Pain and suffering is a type of non-economic loss. Non-economic losses are intangible— and not clearly enumerated.
You can recover pain and suffering damages for:
- Past and Future Pain and Suffering – This includes any past and future physical pain, mental anguish, discomfort, inconvenience, and stress.
- Embarrassment and Humiliation – This covers anything caused by the accident that could leave the victim feeling ashamed of their injuries, such as burns, paralysis, and amputation.
- Loss of Enjoyment of Life – This compensation is for victims who have lost enjoyment of the pleasures of life due to the accident.
- Disfigurement – This represents any scars or permanent damage caused by an accident or the surgery necessary to treat the car accident injuries.
- Loss of Consortium — The spouse of an injured victim can receive money for what is known as Loss of Consortium, which means that they've lost companionship and the ability to be close to their husband or wife.
When Can You Claim Pain and Suffering?
Pain and suffering damages are typically available in personal injury cases. However, it's important to note that they are usually not available in:
- Breach of contract cases
- Disability cases
- Property insurance cases
To be eligible for pain and suffering compensation, you generally need to demonstrate that you've experienced:
- Grief
- Worry
- Insomnia
- Loss of enjoyment of life
How is Pain and Suffering Different from Other Damages?
It's crucial to understand that pain and suffering compensation is separate from other types of damages you might claim. These other damages, often called "economic damages" or "special damages," include:
- Lost wages
- Medical bills
- Property damage
Pain and suffering fall under "non-economic damages" or "general damages" because it's not easily quantifiable in monetary terms.
How is Pain and Suffering Compensation Calculated?
It's difficult to calculate how much a pain and suffering claim could potentially be worth because no two accidents or injuries are the same—and they can affect each person differently.
The amount of money a person is able to recover for pain and suffering is most dependent on the evidence presented during your case, like testimony from medical experts, copies of medical bills, etc.
Determining the value of pain and suffering can be complex. Insurance companies and courts may use various methods, including:
- The multiplier method: Multiplying the economic damages by a factor (usually between 1.5 and 5)
- The per diem method: Assigning a daily rate for pain and suffering and multiplying it by the number of days affected
When the insurance company or a judge or jury evaluates your case, they consider all evidence along with information such as:
- Your age
- The type of injury you suffered
- The presence of permanent damage or disability
- And how your injury affects your life—including how it has impacted your ability to socialize, enjoy hobbies, and complete household chores and other everyday activities.
Documenting Your Pain and Suffering
To strengthen your claim for pain and suffering, consider:
- Keeping a detailed pain journal
- Obtaining statements from friends and family about how the injury has affected you
- Seeking professional mental health support if you're experiencing emotional distress
- Taking photos or videos that demonstrate your limitations or struggles
At the end of the day, if you are like most people, there's nothing you wouldn't give to have your old, pre-injury life back again. Unfortunately, we cannot unwind the clock. Compensation for pain and suffering, however, attempts to make up for the many hardships you have to endure.
This is something we consider in every case and in advising you on an acceptable settlement or demand amount, both before and during litigation.
Understanding pain and suffering in personal injury cases is crucial for ensuring you receive fair compensation. While it's not available in all types of cases, it can be a significant part of your damages in personal injury claims. By documenting your experiences and working with an experienced personal injury attorney, you can build a strong case for the full compensation you deserve.
If you've been injured and are considering a personal injury claim, don't navigate this complex process alone. Contact our experienced attorneys today at 985-240-9773 for a free consultation and learn how we can help you get the compensation you deserve for your pain and suffering.
