The aftermath of an accident is usually difficult for any accident victim and their loved ones. You have to seek treatment for the pain and suffering and also file a compensation claim. However, the process of seeking justice after an accident should not worry you, as you can leave it to Pacific West Injury Lawyers.
Under the personal injury laws, you deserve compensation for an injury or bodily harm caused by the negligence of another person. The personal injury laws cover automobile accidents, slip-and-fall accidents, or medical negligence. If you or your loved one suffered an injury caused by another person, Pacific West Injury Lawyers will walk you along the justice path.
What Is Pain and Suffering?
Pain and suffering is the abstract harm caused after an injury. In personal injury law, pain and suffering has a deeper meaning than in what is experienced in natural sickness. It refers to a range of physical and emotional damage experienced after a personal injury caused by a negligent party.
Personal injury law classifies pain and suffering into two categories: physical suffering from the pain of the injury and emotional suffering that arises from the impact of the injury. Although the two sufferings are separated, most plaintiffs suffer both.
The plaintiff, for instance, may lose a leg in an accident. In such a case, the pain from the injury is physical suffering, while the mobility challenges and mental anguish of living without a leg constitute emotional suffering.
If you are injured because of the negligence of a third party, such as, in an automobile accident, a slip and fall accident, medical negligence, or a boating accident, you are entitled to compensation. The party at fault or others that contributed to the incident should compensate you.
A successful claim awards the plaintiff special and general damages. Special damages cater for economic losses such as lost wages and medical bills paid during treatment of the injury. General damages, on the other hand, cover the non-economic suffering.
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How Much Can You Sue for Pain and Suffering?
Compensation for pain and suffering varies according to the formulae applied to the court or the insurance company. The compensation awarded to one party may differ greatly from that of the other party. Some states like California also cap the amount you can receive for pain and suffering.
However, personal injury lawyers from Pacific West Injury Law can guide you on the steps to take to ensure you get maximum compensation for your pain and suffering. If you or a loved one suffered in an accident, the best thing is to consult a Pacific West Injury Lawyer before setting your targets.
How Is Pain and Suffering Calculated?
Pain and suffering can be calculated in multiple ways.
The Multiple Method
There are no straight formulae for calculating the amount you can get a successful pain and suffering claim. Judges, juries, and insurance companies set the amount you can get based on a percentage of the special damages. Typically, you can get between one and a half to five times the amount of your special damage claim.
The percentage used is called the general damage multiple. As you can see, the multiplier can vary greatly (1.5 to 5 times is a wide range). Factors that are considered when calculating compensation for pain and suffering.
The Severity of the Injury
Severe injuries such as loss of a leg or an arm cause more physical and emotional pain than fractures. A more severe injury will, therefore, attract higher compensation than a minor injury. Our lawyers, can, however, guide you on how to record pain journals to prove the severity of your injury.
The Impact of the Injury on Your Life
A jury may also be concerned about the impact of the injury on your life. An athlete who loses a limb in an accident may be greatly affected than a person who lives a sedentary life. The professional athlete not only loses a limb but a means of earning a living. The athlete may, therefore, get higher compensation than the individual who lived a sedentary life.
Our lawyers will defend your rights and help with showing the negative impact caused by the accident, to help you get maximum compensation.
A Per Diem Method of Calculating Pain and Suffering
Other than the multiplier method, the court may also apply the per diem method in calculating your pain and suffering. The per diem method takes into account the number of days that you suffer pain and mental anguish. Typically, the number of days of pain is considered as the days between the accident and the day of maximum improvement.
During this period, it would be good for the patient to maintain a pain journal to help in the calculation of the pain and suffering compensation.
How Much Evidence of Your Pain and Suffering Can You Provide?
To successfully claim compensation for pain and suffering, you may need to provide evidence such as a pain journal, cost of medication, impact of the injury on your life, among other forms of evidence. If you are considering filing a pain and suffering claim, Pacific West Injury Law will help you gather the evidence.
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Do You Need an Attorney to Help You Calculate Compensation?
Pain and suffering compensation claims are filed under the personal injury law. Most cases under the personal injury laws are less likely to end up in small claims courts. You could, therefore, require an attorney to represent you in the courtroom and defend your rights.
Contact Pacific West Injury Law for Help Today
Pacific West Injury Lawyers will walk with you right from the collection of evidence to filing the claim and defending your rights in the courtroom. Contact us today for more information.