Calculating Pain and Suffering In An Injury Case

Published by grandelaw on

If you are involved in an accident in Rhode Island and experience pain and suffering. As a result, you could be entitled to receive monetary damages. Victims of a personal injury case, whether it is from a car accident, motorcycle accident, catastrophic injury, or a slip and fall, may have to deal with an insurance company or file a personal injury civil lawsuit to be compensated for the actions of a negligent party. To find out what your rights are as a victim, it is best to contact a local personal injury attorney with deep experience in nearly every type of injury to discuss your case. Do you want to know more about how pain and suffering damages are determined and calculated for monetary compensation? Read on.

What Is Considered As Pain and Suffering?

Beginning with the basics, “Pain and Suffering” is a legal term that describes any physical or emotional injuries a victim may suffer after an accident. When a victim sustains any physical, emotional, or mental injury from an accident caused by another negligent party, they can legally seek monetary damages. In the case a victim dies from someone else’s negligence, a family can file a wrongful death suit to recover compensation from the responsible party for that loss of life.

What Types of Injuries Are Considered Pain and Suffering?

Both injuries that are short-term and injuries that last for a significant period of time (such as days, weeks, months, or years) due to an accident can be considered as pain and suffering. These injuries can be physical, mental, or emotional. Examples of physical or emotional trauma can include but are not limited to:

  • Physical Injuries:

    • Back Pain
    • Internal Organ Damage
    • Headaches
    • Paralysis
    • Spinal Cord Injury
    • Neck Pain
    • Brain Injuries
  • Emotional Injuries:

    • Fear
    • Grief
    • Depression
    • Worry
    • Insomnia
    • Post-traumatic Stress Disorder

If you are involved in an accident and suffer from any injury, it is important to seek immediate medical attention. It is also important that you keep all of your medical records, medical bills, photographs, employer documentation, and receipts related to your accident in an easily accessible and safe place. Once you have been cleared by your doctor or released from the hospital, it is recommended you contact an experienced personal injury attorney immediately to discuss your legal options. Not just any injury attorney, but a personal injury attorney with the experience and track record to help effectively navigate the process during your recovery.

Calculating Pain & Suffering Damages?

Types of Damages in Personal Injury Claims

Any damages awarded in a personal injury case for pain and suffering are based on a number of factors. The “damages” is a legal term that refers to the losses you are compensated for by the at-fault party. Damages can be classified into two main categories: often referred to as “special” or economic damages and “general” or non-economic damages. As a local personal injury lawyer, Louis W. Grande is glad to help you understand what forms of compensation you are entitled to, whether it be economic or non-economic damages, for your pain and suffering.

Methods of Calculation Pertaining to Personal Injury

When insurance companies calculate pain and suffering for an injury settlement, there are a number of methods that are used. Some methods use a variety of factors to determine the monetary compensation a victim is entitled to, and any number derived from these methods can be negotiable. Oftentimes a weekly dollar value is placed on pain and suffering depending on the victim’s injury. If the individual is totally disabled as a result of the injury, the dollar figure is higher than if the individual is partially disabled. It can be difficult to place an exact dollar value on an individual’s pain and suffering damages and can become a complex process because “emotional” or noneconomic injuries can be hard to prove.

How Can a Personal Injury Lawyer Help?

Being involved in an accident where you are not at fault can be a traumatizing experience, both physically and emotionally. It can also be frustrating trying to cover medical costs, car damages, or your living expenses if you are unable to work due to your pain and suffering. An experienced personal injury attorney can guide you through the legal process and ensure you receive what monetary compensation you are entitled to. Contact us today for a consultation regarding your personal injury case.

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