Whether it’s from a vehicle accident, a slip and fall, medical malpractice, or any kind of injury caused by someone else’s carelessness, you have the right to pursue compensation for your losses as well as any property damage. This implies that you may be compensated for your medical costs, lost wages from the present and the future, pain, and suffering, and occasionally punitive damages if the negligent person is shown to be at fault for your losses. This article will explain the pain and suffering damages and explain how to get help from a lawyer and calculate your damages.
Calculating Pain and Suffering Damages
Several criteria are considered by juries, insurance companies, and judges when determining the appropriate amount of damages for pain and suffering. Frequently, they will consider the following:
- The extent of the harm sustained by the victim
- The general suffering that individuals who endure those injuries experience on a physical and emotional level
- How the injuries affect your life;
- Your health and the amount of time it will take for the injury to recover;
- What medical care the sufferer has undergone and will require going forward
- The outcome of the injury
Each case involving pain and suffering is distinct, and each personal injury lawsuit will have a distinctive methodology for calculating damages. But in most accident situations, two separate kinds of formulas are applied to determine pain and suffering damages.
What Distinguishes Financial and Medical Damages from Pain and Suffering Damages?
Both medical costs and lost income may be proven to a jury with considerable ease and without much difficulty. For instance, the jury might be provided the proof of any medical costs incurred by the plaintiff between the date of the accident and the final jury verdict. Since the jury can see these damages clearly, it is referred to as “black-and-white.” Similar to this, the jury can be shown past wage loss or earnings through basic math and evidence of income, and they can be shown future wage loss or earnings through the testimony of multiple witnesses, such as the plaintiff, a vocational rehabilitation specialist, a life care planner, and an economist.
In contrast to medical costs and lost income, pain and suffering are not “black-and-white” issues. The jury will not have access to any computer programs or books. Instead, the wounded plaintiff’s case is distinct in every single instance.
Should you have had an accident due to someone else’s carelessness, you can be qualified for compensation for your losses, which would include pain and suffering. You must look for a competent personal injury lawyer to handle your case due to the complexity of personal injury claims.
