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How Is Pain and Suffering Determined?
When a person is involved in an accident, their first thought is about their well-being and how the accident affected their life. They are not immediately thinking about their medical bills, so the value of pain and suffering damages is greater than the value of their economic damages (medical bills and loss of income).
The person in the accident might have low medical bills but miss out on a wedding, and the value of that experience is priceless. The amount a jury finds the person would accept to miss the wedding is the value of that portion of the total pain and suffering damages.
Is Emotional Distress the Same Thing as Pain and Suffering?
Emotional distress falls under pain and suffering damages, but it is not the same thing. Emotional distress typically occurs when the victim of an accident witnesses someone else suffer a traumatic injury or death, or they themselves suffer a traumatic injury.
If a physician has diagnosed emotional distress as part of the injuries you experienced in an accident, you may be able to recover compensation as part of the pain and suffering damages in a personal injury case.
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What Is Mental Anguish?
Mental anguish refers to a high degree of mental pain and suffering one party inflicts upon another. The term is often used interchangeably with emotional distress in personal injury cases. Infliction of emotional distress very often is accompanied by physical trauma and injury.
Proving Mental Anguish
Judges and juries typically have an easier time believing psychological suffering if it is accompanied by physical pain. To recover compensation for both physical and mental anguish, your lawyer can use this to your advantage.
In certain cases, it is possible to have mental anguish despite avoiding serious physical injuries. The best ways to prove mental anguish include:
- Personal Testimony
- Expert testimony
- Your medical records
How Much Can You Get Out of Pain and Suffering?
Insurance adjusters typically offer ½ to 1 times your economic damages (medical bills, loss of income) to compensate for pain and suffering. For example, if your economic damages equal $10,000, insurers will usually offer up to $5,000-$10,000 for your pain and suffering.
FAQs
Can pain and suffering be awarded in wrongful death cases?
Yes, in wrongful death cases, pain and suffering can be awarded to compensate the deceased’s family for their emotional distress and loss of companionship. Additionally, compensation may be awarded for the pain and suffering the deceased endured before death.
How can a lawyer help in a pain and suffering claim?
A lawyer can help by gathering and presenting evidence to prove the extent of your pain and suffering, negotiating with insurance companies, and advocating for maximum compensation. They can also guide you through the legal process and ensure your rights are protected.
Can insurance companies limit pain and suffering payouts?
Yes, some insurance policies have caps or limits on non-economic damages like pain and suffering. These limits can vary depending on the state, the type of insurance, and the specifics of the policy. Your lawyer can help navigate these limits to seek fair compensation.
Related Article: How Much Can I Get for Pain and Suffering in an IVC Filter Case?
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The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was injured, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.