How Can Victims Claim Pain and Suffering Damages After an Accident?
You have been in an accident and understand how painful it is. It is not only about physical injuries. You may additionally experience psychological stress, anxiety, and fear. These feelings could persist for years and make your life difficult.
That’s precisely why victims can claim pain and suffering damages. But how do you do that? How can you obtain reasonable compensation for your pain? The procedure is explained below step-by-step.
What Are Pain and Suffering Damages?
You might suffer in many ways following an accident. Some injuries are evident, such as broken bones or cuts. Others are invisible, like mental stress or trauma. Both kinds of harm are counted, and you may face difficulty proving pain and suffering. Pain and suffering compensation include:
- Physical pain – The pain caused by your injuries.
- Mental stress – Anxiety, depression, and PTSD due to the accident.
- Loss of enjoyment – If you are unable to do things you like.
- Scarring or disfigurement – If your appearance is permanently altered due to injuries.
These damages aren’t like medical expenses or lost earnings, which have a fixed price. Pain and suffering damages do not come with receipts; therefore, they are harder to prove.
How to Claim Pain and Suffering Damages?
You must show your pain is genuine to get fair compensation. Here is how pain and suffering must be proved. There’s no bill or receipt for pain, so you need evidence. Here are ways to show your suffering:
- Medical Records: Doctors’ reports, prescriptions, and health tests might prove your injuries. If your physician states your pain is severe, that supports your claim.
- Photos and Videos: Take photographs if you have visible injuries. Videos of your recovery process might also convey how much you are suffering.
- Personal Diary: Write about your struggles every day. Note down your pain, your emotional struggles, and activities you can no longer do.
- Statements from Friends and Family: People around you can explain how your life changed following the accident. Their words can support your claim.
- Therapist or Counselor Reports: If you experienced psychological trauma, reports from mental health professionals could be proof.
How Is Compensation Calculated?
Pain and suffering have no fixed price, like healthcare expenses. Insurance companies or courts typically decide the amount in two ways:
Multiplier Method
Your economic damages (medical bills and lost wages) are multiplied by a specific number (typically 1.5 to 5), setting the sum as pain and suffering compensation. The worse your pain is, the higher the number.
For example, if your medical bills are USD 10,000 and the multiplier is three, you receive USD 30,000 for pain and suffering.
Per Diem Method
Your pain is assigned a daily rate (usually set according to your daily wage). This rate will be multiplied by the days you suffered or will suffer.
For example, if the daily rate is USD 200 and you suffer for 100 days, you might receive USD 20,000 as compensation.
So, Should You Get a Lawyer?
Insurance companies attempt to pay less than you deserve. They might argue your pain is not serious. An injury lawyer can fight for your fair compensation. They can:
- Gather evidence to support your claim.
- Negotiate with insurance companies.
- Take your case to court if needed.
Final Thoughts
For accident victims, pain and suffering damages are crucial. They bring you justice and support to move forward. If you are hurt following an accident, do not dismiss it. Collect proof, know your rights, and seek legal assistance if needed. You should get reasonable compensation for everything you’ve endured.
