Pain and suffering is a part of a court case, and if you’re taking a personal injury claim, this is important to understand. Here, we’ll go over what they are, the basics behind them, and how they can work.
The Basics of Such
The basics are simple. Damages is the term for compensation that you will get if you’re successful in a case. They come in two categories, which are the compensatory damages that cover your losses, and the punitive damages, which will punish those who are responsible. They usually fall into economic and non-economic damages. Economic damages will include the medical bills, wages lost, and of course, property damage. For each of these the monetary amount will be put on the person who lost it.
The non-economic damages are harder to put a number on through. This is called pain and suffering.
Injured people know what pain and suffering is, and usually, it’s a bit more than just the economic losses that are there. this can be actual bodily pain, or mental pain that comes with this, such as mental health problems that come on there. the problem with this however, is that this is not very tangible, so you need to figure out how to get damages associated with pain and suffering.
How it’s Calculated
One way for this to happen is through a multiplier. This can be based on a variety of different factors, somewhere between 1.5 and 4, which means 150% and 400% of what the damages are. There is also the per diem method, where you can get a small amount based on this at certain periods of time. They can calculate this based on your earnings. They might use either of these to help you calculate the damages in pain and suffering, and they might also ask for a combination of both.
There are certain factors that help determine pain and suffering. First, is the length and severity of the injury.If you have an injury that’s critical and will take longer for healing, you can increase the damages for this. If it’s permanent, expect significant damage increases, and the same goes for care once the case is settled. Another is the severity of the pain that’s there, which is not correlated to the injury severity, and usually this can happen when relatively mild injuries cause a lot of pain, whereas the more serious ones may not even be debilitating. If you do have specific injuries, this can increase the damages in pain and suffering, regardless of where it is. Pain is subjective sure, but the system does approximate based on how much pain the others will feel with other injuries. The third factor is quality of life, and those with more active lives before they got hurt could get more in terms of non-economic damages. Whereas less active ones may not get as much.
How to Collect Evidence
Collecting evidence includes the medical bills, the records associated with it, and keep receipts for anything associated with this injury, including prescriptions, the repay, and the like. Keeping a daily journal on how the injury has impacted the life you had, and also mention anything that changes these factors. Even mentioning little stuff like you can’t hug your kid without pain is important. With this, you want to make sure that you include anything. do understand that this is controversial too, simply because they’re harder to calculate than other kinds of injuries.
Talk to an attorney to help you, simply because this can affect the amount of money you get.