Getting involved in a car accident, a slip and fall, or another type of accident is a terrifying ordeal, and you might be suffering from severe injuries. In that case, you could seek compensation from the at-fault party. An Aventura pain and suffering lawyer with Dolman Law Group can help you understand your legal options and how to proceed with your case.
What Is Pain and Suffering?
Pain and suffering is any negative physical or emotional effect caused by injuries from an accident.
This can include mental anguish, emotional distress, loss of companionship or consortium, inconvenience, physical impairment, disfigurement, etc. Pain and suffering damages compensate the claimant for the physical pain and emotional turmoil caused by the accident or injury.
This damage is typically not easy to quantify. The specific amount awarded is based on how much pain and suffering you experienced—the more severe your injury, the more outstanding the award for these damages.
Proving Pain and Suffering
A personal injury claim can include compensation for pain and suffering, but the victim must provide proof they are entitled to obtain it. There are several methods of proving pain and suffering. The most common approach is to demonstrate the injuries suffered and how they affect daily life.
This may mean showing that the victim experiences a reduced quality of life or difficulty performing daily activities. It could even involve demonstrating that the victim has a shortened lifespan in extreme cases. Forms of evidence to support these claims can include:
- The written opinion of an expert in a specific field related to personal injury who can testify to details of pain and suffering in general
- Doctor, therapist, or mental health professional's notes
- A personal documentation of pain in diaries or journals
- Medical records
Demonstrating mental anguish is complex because it requires more evidence than physical injuries and symptoms. While a victim may suffer severe physical injuries, juries are less likely to award large amounts for pain and suffering when there isn't enough evidence of emotional trauma. If victims have both physical and emotional suffering, they may be entitled to collect more compensation.
Factors That Affect the Amount of Pain and Suffering Damages You Can Recover
The amount of damages for pain and suffering varies depending on the facts and circumstances of each case. When arriving at an amount to compensate a person for pain and suffering, different factors are considered, including:
- The medical treatment received
- The intensity, duration, and frequency of the pain
- The resulting disability
- The loss of life's pleasures
- If the injury will result in future medical expenses
- Past and future loss of income
Methods of Calculating Pain and Suffering
Suppose you're seeking damages for pain and suffering in a personal injury lawsuit. In that case, the judge or jury will decide on an amount that they believe compensates you for the physical and emotional stress that you suffered due to your injury.
There's no hard and fast rule for calculating pain and suffering, and different methods may be used depending on the type of injury suffered and its impact on your life. However, two ways are commonly used to calculate pain and suffering: the multiplier and per diem methods.
The Multiplier Method
Most claims use the multiplier method, which involves adding up all your medical costs, lost income, and other economic damages, then multiplying them by a number between 1.5 and 5. The more serious your pain and suffering, the higher the multiplier will be.
For example, if you had $50,000 in special damages (medical bills) related to your accident and your injuries were significant enough to rank a multiplier of 3, you would multiply $50,000 by 3 to get $150,000 in pain and suffering damages.
The Per Diem Method
The second method is called the per diem method or per day method. This method considers the injured person's pain and suffering and their loss of enjoyment of life and multiplies that by the number of days they are in treatment for their injuries. A jury may use this method if they want to award an amount that more closely reflects the actual pain and suffering of the victim.
Other Damages You Can Recover in an Aventura Personal Injury Claim
There are two types of damages in a personal injury case: economic damages, which are measurable expenses incurred by the victim, and non-economic, which are more subjective. Economic losses include past and future medical bills, lost wages, reduced earning capacity, and property damage costs.
Non-economic losses can be more challenging to quantify because they're based on things like pain and suffering that can't be easily measured. Non-economic damages include compensation for intangible harms like mental anguish, loss of enjoyment of life, and loss of consortium. Pain and suffering fall under non-economic damages because it's a subjective loss.
Why Hire an Aventura Pain and Suffering Lawyer with Our Firm?
Every accident has the potential to cause pain and suffering. Also, every accident victim should have the right to obtain compensation for their injuries from the responsible individual or entity.
Nonetheless, the claims process may be long and complex. Leave it to a lawyer on our team to help you recover compensation for your pain and suffering and other damages. To reach this goal, they will:
- Collect evidence
- Name the liable party and hold them accountable
- Quantify your losses
- Manage correspondence between you and other involved parties
- Fight for a fair settlement
- Argue your case before a jury, if necessary
Let Us Handle Your Pain and Suffering Claim Today
Suppose you've suffered a severe injury or loss, and you believe that the responsible party should be held accountable for their negligence. In that case, you'll benefit from having a personal injury attorney with our firm on your side. At Dolman Law Group, we can guide your case through the legal process and strive to get you fair compensation.
Call us for a free case evaluation today.
Dolman Law Group Accident Injury Lawyers, PA
PERSONAL INJURY LAWYERS
20803 Biscayne Boulevard Suite 101,
Aventura, FL 33180
What Our Clients Have to Say:
“So happy I chose Dolman Law Group!!! My experience with the law firm right from the start was fast, friendly and understanding. I started treatment for my injury right away, and while I was focusing on getting better the firm was fighting for me. Incredibly happy with the outcome, thank you to Brent and the team for all the hard work and updates.”
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