It is hard to put a price on your pain and suffering after a severe injury, but your attorney calculates this form of compensation by using similar methods to the insurance company. Often, your attorney will multiply a specific amount against your actual damages, while other times they base it off the evidence and past victories.
Determining how much you should receive for physical pain, mental anguish, and suffering is not easy – even for an attorney. Often, an excellent personal injury attorney will turn to professionals for guidance when picking an amount they feel is reasonable enough.
It is best to always ask your attorney what they think your pain and suffering damages might be – as these can change dramatically, depending on the nature of your case.
While you wait for a consultation with an injury lawyer, you can learn about the ways they calculate this common damage type and what it means for your case.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
What Are Pain and Suffering – and Why Do You Receive Damages for It?
Pain and suffering are common in injury claims, and what you might not realize is that it is a primary component to your claim. Pain and suffering can be a substantial part of your compensation; therefore, it is not something you should overlook.
Typically, you have two primary types of pain and suffering:
Physical Pain
If you are filing a personal injury lawsuit, your injuries are likely severe, which means you probably suffered physical pain. Not only will you be in pain immediately after the accident, but most likely, you will encounter pain as you recover. If you have multiple surgeries, the pain of recovering from those surgeries is also considered in your physical pain damages.
Likewise, any long-term chronic pain or detrimental effects from your injury fall under this category.
Mental Suffering and Emotional Pain
Injuries might be physical, but they do not just affect someone physically. Instead, when someone suffers a catastrophic injury, they also might have emotional suffering. It is natural for someone to feel anxious, depressed, and upset. Sometimes, victims of serious injuries will develop post-traumatic stress disorder (PTSD).
Any of the mental or emotional sufferings that stems from your injuries are compensable. If you suffer from very significant pain and suffering, such as severe depression, PTSD, insomnia, or another emotional side effect that impacts your quality of life, you can request compensation for that, too.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
How Does an Attorney Calculate Pain and Suffering
Typically, your lawyer considers two factors when coming up with a pain and suffering amount: your total medical expenses and lost wages, and recent case settlements.
Your Tangible Damages
Damages you can easily calculate, such as medical costs, including future medical expenses and lost wages, are added together and requested as part of your settlement. Your attorney might multiply these by a modifier to come up with your pain and suffering damages.
The modifier is typically picked based on the severity of your injury and its permanency. If you recover fully from your injuries, then you would not have as high of a modifier as someone who will live with their injuries permanently. Likewise, if your injuries did not require painful medical treatments such as multiple surgeries, then you would not have as high of a modifier compared to someone that had reconstructive surgery.
The modifier your attorney uses is based on their experience and what they anticipate the insurance company will value your injuries as well. It could be anywhere from one to as much as five times your actual losses, but there is no guarantee that your attorney will use this.
The Evidence and Witness Credibility Determines This Modifier as Well
One thing your attorney will consider is the strength of your case. If you have strong evidence, convincing witnesses, and medical professionals who can prove your mental, emotional, and physical pain are real, it is easier to ask for a higher dollar amount on your pain and suffering than a case with weaker evidence.
Past History
Your attorney will also compare similar cases and how they resulted in court. While no two cases are the same, your lawyer uses these recent cases as a starting point. This is because the insurance company will also be reviewing these cases when they decide the maximum they are willing to pay. It will also give your attorney an idea of what a jury is likely to award you if your case goes to court.
Private Negotiations Can Affect the Value of Your Pain and Suffering Compensation
During the private negotiations between your lawyer and the insurance company, each party will work to increase or decrease the pain and suffering damages they pay out. This is just part of the typical personal injury settlement process. You and your attorney will privately discuss your bottom line – meaning the lowest amount you would accept and the lowest that is still fair compensation.
From there, your attorney will work hard in negotiations to get to that amount or more.
You Receive More at Trial – but You Could Also Receive None
While it is true that pain and suffering awards are much higher in a jury trial, the risks of going to court often outweigh the potential for a higher settlement. Juries and judges are highly unpredictable. Even if you feel you have a strong case, the jury might not feel you deserve the pain and suffering damages you are asking for; therefore, you could walk away with less. Likewise, if the jury does not believe your case is strong enough, you may end up with less compensation than you would have if you settled out of court.
Your attorney is your advocate; they will help guide you as to whether you should settle out of court or risk going to trial.
For your serious injuries, make sure you get the pain and suffering compensation you deserve by contacting attorney Seth Gladstein at the Gladstein Law Firm, PLLC. Schedule a consultation now by calling us or requesting more information online.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
