After being involved in an accident, incident, or dealing with a difficult legal matter, it is possible that you will experience pain and suffering. You have the right to be compensated for pain and suffering in your legal claim.
However, there are many misconceptions regarding pain and suffering, and many victims are unsure whether they qualify for compensation for these non-economic damages. Here are 15 examples of pain and suffering and more about how seeking compensation for pain and suffering damages could have an impact on the outcome of your case.
What Kind of Damages Are Pain and Suffering?
When you are dealing with a civil claim or personal injury lawsuit of any kind, there are a variety of damages you may be able to recover in your claim. Certain types of damages, such as economic damages, are easily quantified. These might include your loss of income, medical expenses, and other losses that can be easily proven through financial records, receipts, and other documentation.
Pain and suffering is not a type of economic loss. More commonly referred to as non-economic damages, these types of losses are entirely subjective. Only the person experiencing non-economic damages can explain the ways their life has been affected by what they have been through.
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Types of Pain and Suffering Damages
Pain and suffering is a type of non-economic or special damage. However, what exactly is pain and suffering? You might be surprised to learn that pain and suffering in and of itself can also take many forms.
When someone else is responsible for causing your injuries or the accident, and you experience persistent anger after the fact, you may be able to sue for this type of pain and suffering.
When you are stuck dealing with uncertainty or fear that something terrible is going to happen on a daily basis, you may be able to sue for apprehension as part of your civil claim.
When your injuries have caused damage so severe that it permanently changes your body, altering your physical appearance, you may be entitled to compensation for skin scarring and disfigurement.
When you suffer extreme fear after an accident or injury, you may be entitled to compensation for fright.
If you have been made to feel foolish, disgraced, or belittled after an accident or incident caused by someone else’s negligence, suing for humiliation may be in your best interests.
If the injuries you sustained or the accident that caused them interfered with your daily living, your business, or otherwise caused your life undue hardship, you may be able to sue for the inconvenience as part of your non-economic damages.
When you are a victim of abusive language, vulgar or ill-treatment, or intentional disrespect of any kind, you may be able to sue for the indignity.
8. Loss of Companionship
Also commonly referred to as a loss of consortium, you may be able to sue for a loss of companionship and love if you have been deprived of the benefits of your parenting or spousal relationship.
9. Loss of Enjoyment of Life
The loss of enjoyment of life refers to the way your life has been affected by your injuries. If you are no longer able to enjoy activities or participate in events you once found joy in, you may be able to seek compensation for the loss of enjoyment of life.
10. Loss of Quality of Life
Lost quality of life refers to an individual’s inability to enjoy their life as they did before the accident. A good example could be if an individual suffers paralysis due to their injuries.
11. Mental Suffering
Also commonly referred to as mental anguish, this describes your feelings of grief, anxiety, emotional distress, depression, and other psychological trauma after an accident.
12. Physical Impairment
This refers to the way your injuries have limited your ability to complete daily living tasks, participate in activities, or earn a living.
13. Physical Pain
Physical pain refers to the discomfort you feel in your head, neck, back, legs, arms, and other affected body parts following an injury.
14. Reputational Damages
When the person responsible for causing your injuries makes untrue statements or otherwise puts your reputation in jeopardy to your friends, family, or the community, you could sue for damage to your personal and professional reputations.
When you witness a traumatic event or suffer injuries that are devastating, you may suffer from an emotional injury known as shock.
How Is Pain and Suffering Compensation Calculated?
There is no specific way in which pain and suffering can be calculated. However, your attorney will ensure your pain and suffering is calculated accurately to ensure you are compensated fairly for your suffering. Generally, your attorney can use the multiplier method or the per diem method to calculate the value of your non-economic damages.
The multiplier method involves assigning your pain and suffering damages a value, usually between one and five, and multiplying that number by the value of your economic damages. The per diem method involves assigning your pain and suffering a monetary value for each day you have experienced the pain and suffering, distress, and other non-economic losses.
However, ultimately, it is up to the judge and jury to determine how much compensation should be awarded if you are pursuing a personal injury lawsuit. Depending on the circumstances of your case and the state in which you live, there may be caps on the amount of compensation you can be awarded for non-economic damages.
Contact High Rise Financial to Access Your Pain and Suffering Damages in Advance
You have the right to be compensated for every loss when someone else is responsible for your damages. Pain and suffering encompass a wide variety of losses. Your attorney will work tirelessly to recoup every one of them.
While you wait for your settlement to come in, you do not have to continue to deal with financial insecurity. Contact High Rise Financial for an advance on your pain and suffering damages today. You can apply now or call us with questions and concerns.