What You Need to Know About Pain and Suffering in a Personal Injury Case

In many personal injury cases, financial compensation isn’t always about repaying medical bills and lost wages. Many accident victims endure pain and suffering due to the defendant’s negligence. Dealing with pain and suffering after an accident can be a lifelong battle, and our clients deserve to be properly compensated for all they have endured.

At Hoffman Law Firm, we’ll fight for you when another person’s negligence leads to your pain and suffering. Keep reading to learn more!

female enduring pain and suffering

What are Pain and Suffering Damages? 

The term “pain and suffering” refers to the physical and emotional damages that are suffered as the result of another individual’s negligence or wrongdoing. Physical pain and suffering refer to the physical injuries you’ve endured. This can include pain from broken or fractured bones, pain from whiplash, back pain, neck pain, headaches, and muscle aches and pains, for example. Physical pain and suffering can also refer to pain that lasted several days after the accident or chronic, permanent pain. 

Pain and suffering (also known as mental anguish) are not limited to physical injuries, but also include emotional pain and suffering. Emotional pain and suffering due to another party’s wrongdoing can lead to psychological distress and potentially chronic mental health issues. This can include cognitive changes, behavioral changes, anxiety, depression, grief, paranoia, psychological trauma, and post-traumatic stress disorder.

Pain and suffering can look different for every accident victim. Any negative emotions and any physical discomfort that was a result of the defendant’s negligence can potentially be used in your personal injury case.

How are Pain and Suffering Damages Calculated?

The terms of calculating your pain and suffering damages will depend on the unique details of your case. Generally, mental anguish damages are calculated by the multiplier method or the per diem method. 

The multiplier method is most commonly used to calculate your non-economic damages. The multiplier method is when the total amount of your economic damages (financial damages, such as medical bills, repair costs, lost wages, etc.) is multiplied by a specific number based on the details of your pain and suffering. This number is typically between 1.5 and 5. When multiplied, this determines your total award amount.

The per diem method assigns a specific dollar amount to each day of pain and suffering, starting the day of the accident and ending the day that maximum recovery is achieved. Maximum recovery is decided by a medical professional who does not expect that your physical, mental, or emotional state will not improve any further.

How to Prove Pain and Suffering in a Personal Injury Case 

Your dedicated personal injury attorney will gather sufficient evidence to prove your mental anguish. Evidence can include medical records, photos of your injuries, lost time at work, psychiatric evaluations, your mental state, and testimonies from friends, family members, or yourself. Your attorney will show that your injuries, whether physical or emotional, have caused a disruption to your usual way of life.  

How to File a Claim? Simply, Contact Hoffman Law Firm Today!

If another person’s negligent actions led to your injury, your mental anguish should not be ignored, and you deserve to be compensated. If you or a loved one has endured chronic mental pains due to negligence or wrongdoing, our experienced attorneys at Hoffman Law Firm are here to fight for you in your time of need.

Located in Charleston, SC, we support accident victims throughout the Palmetto State. Our personal injury lawyers here at Hoffman Law Firm have extensive experience handling a wide variety of cases.

Plus, you only pay us if we win your case.

We have established a reputation for success, as well as great service! To meet with a member of our team, schedule your free consultation today. Our personal injury law firm offers trusted legal representation right here in the Lowcountry, including these practice areas: 

Car Accident

Slip and Fall

Wrongful Death

Brain Injury

Spinal Cord Injury

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