Proving Pain and Suffering in Your Personal Injury Case
After being hurt by someone else’s negligence, you may be able to file a claim for compensation. Certain losses, such as medical expenses and lost wages, are fairly easy to calculate because they have a fixed dollar value. However, you can also claim compensation for your intangible losses, including pain and suffering. These damages are harder to calculate, and proving them is also more challenging. Below, our Tampa personal injury lawyer explains how to prove these types of damages.
What is Pain and Suffering in a Personal Injury Claim?
Damages for pain and suffering encompass a number of different losses. These include the physical pain and discomfort you feel, emotional strain, mental anguish, sleep disruptions, limitations on activity, disability, disfigurement, and the ongoing challenge of living your life differently due to your injuries. When injuries are very severe, damages for pain and suffering can also include a change in independence, work, relationships, and a previous enjoyment of life.
Unlike an invoice from your doctor, pain and suffering is difficult to calculate because it does not have one fixed number associated with the loss. This makes it easier for insurance companies to question the amount of damages accident victims pursue for pain and suffering.
How are Pain and Suffering Damages Calculated?
Insurance companies and personal injury lawyers will use one of two methods to calculate non-economic damages such as pain and suffering.
The most common calculation using the Multiplier Method. This method uses the total amount of economic losses, such as lost wages and medical expenses, and multiplies it by a number between 1.5 and 5. Higher numbers are used for injuries that are more severe. The resulting number from that calculation reflects the total amount of damages for pain and suffering.
The other method sometimes used is the per diem method. Per diem is Latin for ‘by the day.’ As such, a daily dollar amount is given to the level of pain and suffering experienced by an accident victim. That daily dollar amount is multiplied by the number of days a person is expected to experience pain and suffering, or the total days of their recovery.
Evidence Used to Prove Pain and Suffering
As with any other type of loss you are trying to obtain compensation for, you must present strong evidence that establishes the extent of the pain and suffering endured. This can include prescription history, records of mental health treatment, medical records, photos of the physical injuries, statements from co-workers, friends, and family members, and your own explanation of how your daily life has been impacted.
Our Personal Injury Lawyer in Tampa Can Accurately Value Your Claim
After an accident, you may deserve damages for your pain and suffering, but they are very hard to calculate and prove. At Moore Law, our Tampa personal injury lawyer can accurately value these losses and help you prove them so you obtain the full and fair settlement you deserve. Call us today at 813-510-5400 or chat with us online to schedule a consultation and to learn more about how we can help.
