What is Legally Considered Pain and Suffering in a Personal Injury Case?

pain and suffering male on sofa stressed with hands on head while speaking with his male therapist

Physical pain is the unfortunate result of most accident cases, leaving injury victims to face a difficult road to recovery labelled pain and suffering. But emotional and mental trauma often occur as well. How does this intangible pain and distress translate to compensation – and how can you be sure you receive the damages you deserve?

Simply put, if your injury was due to another party’s negligence or intentional wrongdoing, you may be eligible for non-economic damages, like pain and suffering.

7 Common Types of Pain and Suffering

Here is a list of common elements of pain and suffering. Examples include: 

  • Anxiety
  • Depression or grief 
  • Insomnia
  • Post Traumatic Stress Disorder
  • Physical limitations (including partial or permanent disability)
  • Negative impact on employment (such as necessary career change)
  • Loss or diminishment of the quality of life 

How is Pain and Suffering Calculated?

Indeed, physical injuries are much easier to prove than mental/emotional trauma.

Therefore, if you break your leg in a vehicle accident, medical expenses, car repairs and lost wages are simple to calculate. But determining an amount of compensation for pain and suffering is much more complicated.

Furthermore, your Charleston personal injury attorney will need to learn more about how your life has changed since the incident occured. We will consider the severity of your injuries and your health condition prior to and after the accident.

Both the physical and non-physical struggles you will face in the future will impact the amount of compensation you are entitled to.

Therefore, two common methods include the following:

Multiplier Method

This calculation involves multiplying the injury victim’s financial losses by a number, typically between one and five.

Per Diem Method

The personal injury victim’s compensation is based on a daily rate. The number of days they are expected to experience pain and suffering is used to determine the total.

Trust Hoffman Law Firm, LLC to fight for the non-economic damages you deserve. Our legal team is equipped to advocate on your behalf, starting by creating an attorney client relationship. Get started with a free consultation today!

What Evidence Will You Need To Prove This?

pain and suffering patient writing letter at desk

The proper documentation and evidence is needed to make your case. Your Charleston personal injury lawyer will handle all communication with the insurance company. The will prove that you endured pain and suffering as a result of your accident.

You can help your personal injury attorney be taking these steps:

  • Document all medical visits, including therapy sessions.
  • Include any written opinions or notes from mental health professionals or medical doctors about the severity and overall nature of your condition. Also include any guidance about how your injury will impact your life in the future.
  • Provide a complete list of medications prescribed to treat both physical and mental pain.
  • Carefully document any permanent, life-threatening, or disabling conditions.
  • Keep a detailed journal about your daily life, and include the ways that the accident impacts your ability to perform normal activities.
  • Provide testimony from friends, family members or coworkers that portrays your pain and suffering on a daily basis – and details how your accident negatively affected your daily life.

Let Hoffman Law Firm Handle Your Personal Injury Case

Lastly, here at Hoffman Law Firm, LLC, our experienced legal team knows personal injury law inside and out. From car accidents and truck accidents to dog bites and wrongful death lawsuits, we are equipped to handle a wide variety of personal injury  cases.

Undoubtedly, because we understand that every case is unique, our Charleston personal injury attorneys will take a custom approach. This approach will to secure the compensation you deserve, for both economic damages and pain and suffering. We will provide helpful legal advice along the way to make the process as simple as possible.

In conclusion, conveniently located in North Charleston, SC, we are proud to serve clients throughout South Carolina. Get in touch today to schedule your free consultation and discuss your legal options.

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