Catania and Catania | March 8, 2023 | Personal Injury
After an accident, much of the focus is placed on the financial implications of the resulting medical bills, property damage, and other out-of-pocket expenses. However, not all types of damages can be easily equated to an exact dollar amount. If you’ve been injured in an accident, understanding the potential value and settlement for pain and suffering is important in determining the next step to take.
In fact, a significant number of accident victims experience life-altering repercussions that are not necessarily “monetary” but are nevertheless highly impactful. Ongoing emotional distress, lingering physical pain or disability, and other factors should be considered when determining a fair settlement amount.
If you or a loved one were recently injured in an accident, and another driver was at fault, you are entitled to fair compensation for all your damages – not just the financial expenses you have incurred. This is just one of the many reasons why partnering with a highly experienced personal injury lawyer is essential. At Catania and Catania Injury Lawyers, our dedicated team of accident attorneys in Tampa work tirelessly to secure fair settlements for our clients, taking into account all forms of damages involved in every case.
What is Pain and Suffering?
“Pain and suffering” is a legal term that refers to the combination of physical and emotional trauma that results from an accident, which can be translated into non-economic damages to be pursued as part of a financial settlement for pain and suffering.
The concept of pain and suffering generally includes the pain, inconvenience, emotional distress, and discomfort that occurs alongside an accident injury, as well as any negative impact the type of injury has on the victim’s enjoyment of life. This can include any resulting inability to participate in daily living activities such as caring for their family, maintaining a household, and other things they may have previously enjoyed.
For example, an individual who experienced a severe back injury as the result of an accident may suffer from other intangible injuries such as mental anguish, depression, anxiety, and the inconvenience of navigating doctor’s appointments, physical therapy, and so on.
Non-Economic vs. Economic Damages
Pain and suffering fall under the umbrella of non-economic damages, which are damages that do not have a specific dollar amount or receipts attached to them.
In contrast, economic damages such as medical expenses and property damage costs can be more easily quantified. The purpose of economic damages is to make a victim financially “whole” again, compensating them for out-of-pocket financial losses related to medical bills, wage losses, and other aspects of recovery.
Let’s revisit the example of the individual struggling with a post-accident back injury. Before their accident, this individual was extremely active and a regular in mountain biking events and competitions in their spare time. However, due to their injury, they can no longer mountain bike (or even ride a bike through their neighborhood). This has had a significant impact on their enjoyment of life. The loss of enjoyment is not technically “monetary,” so it is a non-economic damage; however, it has negatively changed their life and, therefore, should be fairly compensated in some share or form.
It is rare for an accident victim to file a personal injury claim only for pain and suffering. In most situations, a claim includes both economic and non-economic damages.
What Are Examples of Physical and Emotional Pain and Suffering
So, what qualifies as pain and suffering? Many different aspects may be included in a pain and suffering settlement claim.
Often, pain and suffering settlement examples encompass both physical injuries and emotional effects.
Examples of Physical Pain and Suffering
After an injury, the lingering pain can become chronic, leading to weeks, months, and even years of suffering. In some situations, a victim may experience a quality of life altering permanent injury as a result.
Some common examples of types of injuries that may qualify for physical pain and suffering compensation include:
- Back and neck injuries and pain
- Recurring headaches from a head injury
- Fractured/crushed and broken bones
- Internal organ damage
- Nerve damage
- Traumatic brain injury (TBI)
- Sprains/strains
- Loss of limb
- Permanent paralysis
- Loss of a sense, such as hearing or eyesight
- Scarring/disfigurement
- Soft Tissue Injuries
Examples of Emotional Pain and Suffering
Of course, severe injuries don’t only leave visible scars – the emotional aftereffects of an accident and injury can change a person’s life. From short periods of anxiety to debilitating PTSD, there are many ways in which emotional pain and suffering can manifest.
Common examples of emotional pain and suffering include:
- Anxiety/panic attacks
- Post-traumatic stress disorder (PTSD)
- Psychological trauma
- Problems sleeping
- Fear of leaving the house, riding in a vehicle, etc.
- Grief
- Depression
- Anger
For some accident victims, the psychological consequences they experience can only be helped by extended (or lifelong) counseling and care.
Loss of Consortium
Loss of consortium is a specific form of pain and suffering experienced by the family and friends of an individual who dies as the result of a personal injury accident. In a wrongful death claim, experienced attorneys may pursue financial compensation for economic damages as well as for loss of consortium.
Essentially, loss of consortium represents the devastating impact of the loss of life, covering factors that include the loss of:
- Companionship
- Care
- Parental guidance
- Love and affection
- Spousal intimacy
- Household support/services
What is a Fair Settlement for Pain and Suffering?
Every personal injury case is unique, so fair settlement amounts for pain and suffering vary considerably.
The facts and circumstances of your case will play a large part in determining how much compensation you can get in a settlement for pain and suffering. Your accident attorney will work with you to gather as much information as possible for your case so that you can be confident that you are receiving the maximum compensation you are entitled to.
In terms of how to calculate pain and suffering settlement amounts, there are two methods commonly used:
- The multiplier method takes the total economic damages (medical bills, lost wages, and so on) and multiples that amount by a number based on the severity of the injury/case. This number is generally between one and five.
- The per diem method assigns an exact dollar amount per day, beginning with the day of the accident and ends once the victim achieves maximum recovery.
How A Personal Injury Attorney Can Help
Do you need an attorney for a pain and suffering settlement? Absolutely. A skilled attorney can help you prove your case, assemble evidence, and negotiate with all involved parties.
Proving Pain and Suffering
You must provide proof of pain and suffering, which is a task that your attorney will take on. In this stage, your lawyer will focus on both establishing the facts of your case (and your pain and suffering) and quantifying it to determine a settlement amount.
Evidence for Pain and Suffering
Documentation and evidence of pain and suffering must also be collected, organized, and provided in the case. It may include:
- Medical records/doctor notes
- Photographs/video
- Therapist/counselor notes
- Personal journals
Your lawyer will assist you in putting together as much evidence as possible to ensure a solid and convincing case.
Catania and Catania Personal Injury Attorneys Can Help
Of course, no amount of money can completely make up for how an accident can change your life forever. However, the goal of a pain and suffering settlement is to lighten the burden as much as possible so that you and your loved ones can move forward.
The personal injury attorneys at Catania and Catania Injury Lawyers in Tampa are here to advocate for you. We are committed to going above and beyond to support you at every stage of your case. We will take the reins so that you can focus on your recovery and fight on your behalf to secure fair compensation and a just personal injury settlement amount.
Schedule your free consultation to take the first steps toward your future now.
Article Sources:
https://www.law.cornell.edu/wex/pain_and_suffering
Image Credits: Albina Gavrilovic – Andrey_Popov / Shutterstock
