How is Pain and Suffering Calculated?

There are two primary forms of damages in a personal injury case – economic and non-economic. Economic damages, such as medical bills and lost wages stemming from a motorcycle accident, a bicycle accident, or a car accident, are easy to prove. Non-economic damages, such as pain and suffering, are more subjective, and it takes a skilled attorney to calculate and prove them.

The Eberst Law Firm has a team of attorneys who have that skill. We’ll know exactly what your pain and suffering (and other non-economic damages) are worth and help you get every dollar you have coming. Our team will always be here to answer your questions and address all your concerns. Contact us online or call 1-888-CALL-JON for a free consultation.

What is Pain and Suffering?

Pain and suffering damages are compensation awarded in personal injury cases. They compensate the injured party for the physical and emotional pain and suffering they experienced due to the injury. This can include physical pain, mental anguish, loss of enjoyment, and emotional distress. Pain and suffering damages are typically awarded in addition to other damages, such as medical expenses and lost wages. The amount awarded can vary widely depending on the specific circumstances of the case.

Economic damages can be calculated relatively easily by adding up the cost of medical expenses, lost wages, and other financial losses. Non-economic damages, on the other hand, are more subjective and can be more challenging to calculate. The judge or jury typically determines them based on the case’s specific circumstances.

How Do Personal Injury Accidents Result in Pain and Suffering?

An injury, such as a broken bone or a burn, can cause intense physical pain lasting for weeks, months, or even years. The pain can be constant or intermittent and ranges from mild to severe.

Pain and Suffering vs. Emotional Distress

Pain and suffering damages and emotional distress damages are similar in that they compensate the injured party for the emotional and psychological harm they experienced due to the injury. However, there are some subtle differences between the two types of damages:

  • Pain and suffering damages: These damages compensate the injured party for the physical pain and discomfort they experienced due to the injury. This can include things like headaches, muscle aches, and other physical symptoms directly resulting from the injury.
  • Emotional distress damages: The emotional and psychological harm someone experiences from an injury can be profound. This can include things like anxiety, depression, and post-traumatic stress disorder (PTSD) that directly result from the injury. We’ll do everything we can to help you obtain any emotional distress damages you deserve.

How Much Will I Be Awarded for Pain and Suffering Damages?

The amount awarded for pain and suffering damages can vary widely depending on the specific circumstances of the case. Factors that can affect the amount awarded include the severity of the injury, the length of time the person will experience pain and suffering, and the impact the injury has on the person’s daily life and ability to work.

In some cases, pain and suffering damages are calculated by multiplying the person’s medical expenses and other economic damages by a number that represents the severity of the injury (for example, 1.5 for a minor injury and 5 for a severe injury, such as a traumatic brain injury).

Other factors that may influence how much you will be awarded for pain and suffering damages are the court, jurisdiction, and laws applied in that specific case.

It’s essential to remember that there is no set formula for calculating pain and suffering damages, and the amount awarded can vary greatly depending on the case’s specific circumstances.

Other Non-Economic Damages You Can Recover

While pain and suffering damages are among the most commonly awarded in personal injury cases, there are other non-economic damages you could obtain as well. These include the following:

  • Emotional distress: An accident can also cause emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD). These emotional reactions can be just as real and debilitating as physical pain.
  • Loss of enjoyment of life: Severe injuries victims may be unable to engage in activities they previously enjoyed, such as hobbies, sports, or spending time with family and friends. This can lead to a general feeling of loss and unhappiness.
  • Disfigurement: Some accidents can cause disfigurement or scarring, which can significantly impact a person’s self-esteem and emotional well-being.

How Eberst Law Firm Can Help You Maximize Your Settlement Offer

Proving non-economic damages, such as pain and suffering or emotional distress, can be challenging because these damages are not easily quantifiable. However, a personal injury lawyer can use various strategies to help prove non-economic damages in a case. Some of these strategies include:

  • Medical evidence: A lawyer can present medical evidence, such as medical bills and treatment records, to show that the person has suffered physical pain due to the injury. They can also present expert medical testimony to explain the extent of the person’s injuries.  This also helps to prove their impact on the person’s daily life.
  • Psychological and psychiatric evaluations: A lawyer can also present psychological or psychiatric evaluations to help prove emotional distress. These evaluations can provide an expert opinion on the person’s mental state and the extent of their emotional distress.
  • Demonstrative evidence: A lawyer can also use demonstrative evidence, such as photographs, videos, and diagrams, to help show the extent of the person’s injuries and the impact they have had on the person’s life.

It’s important to note that proving non-economic damages can be challenging. There’s no guarantee that the person will be awarded non-economic damages. A good lawyer should be able to build an argument to help the person to get compensation.

Call Eberst Law Firm to Schedule a Free Case Evaluation

An Eberst Law Firm attorney is standing by to tell you more about how we’ll work to obtain compensation for your economic damages, pain and suffering, and other non-economic damages. You can call 1-888-CALL-JON for a free evaluation of your case or contact us online.

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Attorney Jon Eberst

Attorney Jon Eberst

Jonathan Eberst, the driving force behind The Eberst Law Firm, is known in his community and across Florida for knowledge and skill in the personal injury industry. Respected for his friendly and help attitude, he has consistently helped thousands of clients, ensuring their rights are upheld. Jon's profound expertise makes him a sought-after voice in the legal community, both online and in-person.

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