Can you file for pain and suffering damages?

pain and suffering

If you think that an accident or a personal injury has resulted in causing pain and suffering to you, you can hire an expert like Dolan Dobrinsky Rosenblum Bluestein, LLP to make the claim and be compensated for it.

Let’s understand the concept of pain and suffering in detail.

What is pain and suffering?

When a person gets in an accident and the defendant is responsible for the injuries by them, they can claim for damages like lost wages and medical expenses by showing evidence for the losses. The law also allows them to get compensation for pain and suffering.

It is the legal term that is used to describe a number of injuries suffered by the plaintiff. It does not just include physical pain but also covers emotional and mental pain and injuries. It is an umbrella term that covers pain as well as things like insomnia, fear, worry, grief, and also loss of enjoyment in life.

In almost all of the injury cases that are filed, the plaintiff is able to some amount for the pain and suffering damages, however, this amount can vary considerably as it can be in some cases and really hefty in others.

How is it calculated?

When it comes to calculating an amount for pain and suffering, there is no set rule which has to be abided by, this means that there is no standard way of calculating these damages.

There are different methods through which it is calculated, the first method is the multiplication method. In this method, the actual amount of the plaintiff’s damages including medical bills and lost wages are multiplied with a number that generally ranges between 1 to 5. This number is decided by looking at the severity of the injury. The other method is the per day approach. In this method, an amount is decided which has to be paid for every day till the injured person recovers completely. These are some of the most common methods of calculating pain and suffering, however, the insurance companies are not necessarily supposed to follow any one of them and they can choose to use other computer programs to calculate the amount.

 

“Pain and suffering” is a very important provision of an accident injury claim and a good attorney can help you in getting a good amount of compensation.