How Much Can I Get for Pain and Suffering?

How Much Can I Get for Pain and Suffering

The compensation you can receive for your pain and suffering from an accident depends on numerous factors. An experienced personal injury lawyer will evaluate your pain and suffering, considering the nature and severity of your injury and its effect on your life. Your lawyer must also assess the situation and determine the liable party to estimate how much you may receive.

Here is a review of how lawyers evaluate your pain and suffering and work to get you fair compensation.

Introduction to Pain and Suffering Damages

Pain and suffering is a broad legal term referring to the non-economic damages you suffer from another party’s wrongdoing. Lawyers will also sometimes refer to pain and suffering as general damages.

You have the legal right to recover pain and suffering damages as compensation for your injuries after an accident.

The most common components of pain and suffering include:

  • Physical pain and discomfort.
  • Emotional anguish and mental health challenges.
  • Diminished quality of life.
  • Loss of independence.
  • Personal or intimate relationship interference.
  • Poor self-esteem from living with scarring, disfigurement, or loss of bodily function.

Although your medical expenses or lost earnings will usually have a set amount, pain and suffering damages are typically not quantifiable. They are subjective and require the courts to assess your post-injury lifestyle changes and recovery journey.

How Lawyers Calculate Pain and Suffering

Calculating pain and suffering is not an exact science and will depend on the unique circumstances of your accident and injury. Lawyers use the multiplier and per diem methods to determine a fair estimate.

The multiplier method involves choosing a number that reflects the severity of your pain and suffering and multiplying it by your economic damages, such as medical bills and lost income. 

The per diem method assigns a dollar amount for each day you experience pain and suffering from the date of the accident until you achieve maximum recovery.

These methods, however, only provide a rough estimation and are not set in stone. In a courtroom, a jury will assess your case, including your injury, the accident, the quality of your evidence, and your lawyer’s arguments, to determine reasonable compensation.

Other Factors Affecting How Much You Can Get for Pain and Suffering

The compensation you can rightfully claim for pain and suffering damages may differ from what you expect to receive. Numerous factors will contribute to your compensation in a personal injury claim. Here are the two most common factors.

The Identities and Financial Resources of the Liable Parties

The identity of the liable party can be significant in determining the amount of money you may receive for your pain and suffering. At-fault individuals generally have fewer assets and carry less liability insurance coverage than businesses or corporate entities.

Your chance of securing the maximum pain and suffering damages may increase if your lawyer identifies and seeks compensation from several liable parties rather than one.

Legal Limits on Pain and Suffering

Some states limit the pain and suffering damages a person can recover, either through legal statutes or judicial rulings. These laws may apply to specific personal injury claim types and vary widely by state. Some states cap pain and suffering damages in medical malpractice cases or claims against government entities.

A few states impose blanket limits on pain and suffering unless the victim sustains particular injury types, such as losing a limb or wrongful death. Other states have no pain and suffering limits but allow courts to reduce unreasonable or excessive compensation for pain and suffering damages.

The Importance of Hiring a Skilled Personal Injury Lawyer

Regardless of the nature or severity of your injury, the most reliable way to maximize your compensation is to hire a skilled personal injury lawyer to handle your claim.

To build a successful case, your personal injury attorney can:

    • Investigate your accident and the events leading to your injury and identify all potentially liable parties.
    • Work with you and your loved ones to evaluate the full extent of your pain and suffering.
    • Gather critical evidence to prove the effects of the injury on your lifestyle.
    • Initiate insurance claims and build strong cases for maximum pain and suffering compensation.
    • Negotiate with insurance companies and the opposing legal team to determine a favorable and fair claim settlement.
    • Present your personal injury case in court.
    • Collect and transfer your compensation to you.

Hiring a personal injury lawyer is an affordable and accessible way to maximize your pain and suffering damages. Personal injury lawyers work on contingency, meaning they do not charge upfront or by the hour but only receive a fee upon winning your case. You pay nothing unless you see results.

Contact an Experienced Injury Lawyer Today

As a personal injury victim, you may recover compensation for your pain and suffering. Having that right, however, does not mean you will receive fair compensation. It often takes working with a highly skilled and experienced personal injury attorney to ensure you receive the money you deserve.

Do not wait to learn about the pain and suffering damages you could claim. Contact an experienced personal injury lawyer today for a free consultation.

Schedule a Free Initial Consultation Today!