Definition of pain and suffering
Pain and suffering refers to non-economic damages from personal injuries. These damages include both physical pain and the emotional impact the injuries have on the victim’s life. Unlike economic damages, such as medical expenses or lost income, pain and suffering lacks a fixed monetary value, making it a subjective and challenging aspect to quantify.
Types of pain and suffering
There are two categories of pain and suffering that can be distinguished: physical and emotional. Physical symptoms include the discomfort and limitations caused by injuries such as fractures, scars, or disabilities. Emotional suffering includes conditions such as anxiety, depression, insomnia and post-traumatic stress disorder (PTSD). Both categories can have a profound effect on the victim’s quality of life, affecting their overall well-being and ability to enjoy daily activities.
Factors involved in calculating damages
The amount of these damages will vary according to the circumstances of the case and will depend on a number of factors. These include the severity of the injuries, the duration of the pain, the need for long-term medical treatment, and the impact on the victim’s daily life. In addition, medical and psychological expert testimony can play a key role in assessing the emotional and physical damage suffered.
Methods of calculating pain and suffering
There are two usual methods of quantifying pain and suffering in a personal injury case: the multiplier method and the per diem method. The first step involves multiplying the economic loss by a factor that indicates the pain’s severity and its impact on the victim’s life. The second assigns a monetary value to each day that the victim experiences pain or disability as a result of his or her injuries. Both methods attempt to translate the intangible into a reasonable and fair figure.
How do we document pain and suffering?
Proper documentation is essential to support a claim for pain and suffering. Maintain a comprehensive record of your physical and emotional symptoms, detailing how they impact your daily life and relationships. Additionally, medical reports, therapist notes, and testimonials from family and friends can further support your case.
Working with a specialist solicitor will also ensure that these issues are presented effectively to insurers or in court.
