Anyone injured due to another person’s or business’s negligence might be able to pursue compensation for physical, emotional, and other monetary losses.
Injury victims who have been hurt in an auto accident, for example, may be able to seek a settlement from the at-fault party’s insurance company. This demands proof that the other driver is able to be held liable, which may be done by filing a third-party claim.
An injured individual might pursue a personal injury settlement to assist in covering ambulance costs, medical bills, and money for lost wages due to being unable to work. Yet car accident victims and others who suffer personal injury can seek payment for other ways their lives may have been impacted by the car accident.
If you or a family member have been injured due to another person, business, or agency’s carelessness, you may be able to seek a settlement for pain and suffering expenses. Understanding pain and suffering expenses and how they are estimated can give you a reasonable idea of the possible dollar amount you can expect to get from a personal injury settlement.
What Counts As Pain And Suffering?
Pain and suffering are defined as the physical pain and psychological and emotional distress an individual may undergo as a result of personal injury. This can refer to actual pain from the injury, as well as other forms of distress, such as psychological trauma, anxiety, and shame.
“Pain and suffering is a difficult concept to understand for those who have been involved in an accident that led to injuries or damage. When you hire a personal injury attorney, we are able to explain every step of the process, every legal term, and help you know what to expect from your personal injury claim,” explains Shaun Cummings, an esteemed attorney of Florin|Roebig.
Unlike costs that can be assigned a dollar amount, such as medical expenses or lost wages, costs related to mental health are more abstract and conceptual. This can make estimating a settlement dollar amount for pain and suffering costs more tricky.
Settlement for pain and suffering is often sought in cases where an individual has experienced significant distress as a result of an accident. If you have questions about pain and suffering and how to receive compensation for it, contact the law offices of Florin|Roebig today to set up a free consultation and case evaluation.
Average Pain And Suffering Settlement
Our personal injury attorneys frequently get questions about the average dollar value of pain and suffering expenses in personal injury cases. The truth is that the average value can vary depending on different factors of the case.
Giving an ‘average’ settlement amount means understanding the type of accident you have undergone, your losses, and other elements related to your injury. Compensation for pain and suffering may also depend on where you live in the United States.
Some states have laws that cap the amount of money plaintiffs can pursue for non-economic damages like pain and suffering. These types of damages are determined differently than physical injuries, like whiplash or other back injuries. The term ‘damages’ is a legal term that refers to injury-related losses.
Types of financial damages, also known as general damages, include the following:
- Ambulance costs
- Medical expenses
- Physical rehabilitation
- The cost of counseling
- Medical equipment
- Home accommodations (e.g., for permanent injury/disability)
- Lost wages
- Loss of your job
- Car repair costs and other property damage
Examples of non-financial damages (special damages) include the following:
- Mental anguish
- Loss of consortium/companionship
- Diminished quality of life
- Disability
- Disfigurement
- The loss of your vision or hearing
- The loss of enjoyment of life.
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How Pain And Suffering Costs Are Calculated
If you or someone you love have been in an accident that resulted in more than just physical hurt, you will be looking to receive compensation for pain and suffering. The amount of compensation you can obtain for mental pain and suffering from an injury will rely on a combination of factors.
These factors may include the following:
- The specific type of accident
- The particular type of injury
- The severity of the injury
- The specific state’s laws
- The kind of calculating method used
- The impact of injury on your job, relationships, etc
- How long it takes for your injury to mend
- The types of medical treatment required
The first thing you need to do is file an insurance claim to cover general damages. After you have filed this insurance claim, you may then be able to file a pain and suffering injury lawsuit.
There are typically one of two methods insurance adjusters—and your lawyer—might use to calculate your estimated physical pain and mental or emotional suffering: The multiplier and ’per diem’ methods. These are the most frequently used methods for calculating pain and suffering expenses.
Multiplier Method
The multiplier method for determining pain and suffering has two steps. The first step is to pinpoint the total value of the plaintiff’s financial damages.
The second step involves multiplying that value by a number that best fits the case’s events. This number is generally between one and five, depending on the severity of the injury.
For example, someone may endure a broken rib in a car crash. If their total monetary damages for that broken rib are $5,000, that number may then be multiplied by one, two, three, or more to equal their pain and suffering expenses. Then, that total is added back to the $5,000.
For example:
- Financial damages: $5,000
- Special (pain and suffering) damages: $10,000 ($5,000 x 2)
- Total: $15,000
The financial damages multiplied by will be lower for milder injuries, such as a bruised rib. The cost for severe injuries, such as traumatic brain injury, will probably be multiplied by a higher number.
Per Diem Method
The “per diem” approach for determining pain and suffering is less standard than the multiplier method. The per diem method calculates pain and suffering expenses based on the day-to-day toll of the plaintiff’s pain and suffering.
With this approach, plaintiffs are allocated a certain amount of money each day from the time the accident occurred until they are expected to reach their maximum recovery.
Nevertheless, insurance companies and legal experts who estimate pain and suffering expenses are not obligated to use either method.
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Proving Pain And Suffering
Understanding how pain and suffering damages are estimated is not going to be enough to make sure you receive a fair settlement offer.
Collecting proof is one of the challenges of obtaining recompense for pain and suffering. A skilled personal injury attorney can assist you with this. A knowledgeable attorney can work with you to gather the evidence to prove your losses and deter an insurance company from denying your claim.
Your attorney may ask for specific types of documentation or evidence to assist in establishing your case. This evidence may include pictures of the accident and personal communications demonstrating your distress. Illustrations of this might be a personal journal or blog.
Other individuals close to the plaintiff, such as family and friends, may also be able to supply accounts of how the injury has impacted the plaintiff’s life, such as their mood, job, and relationships.
“Proving pain and suffering in an injury case can be confusing for those who are not experienced in the legal system. Understanding how your pain and suffering can be interpreted in a dollar amount can be confusing. When you call the Florin|Roebig legal offices, we can help you through the entire process,” says Shaun Cummings.
Getting The Best Possible Pain And Suffering Settlement
Understanding whether you are getting a fair settlement offer can be challenging without the direction of an experienced attorney.
A personal injury attorney can review the facts of your personal injury claim and supply you with an estimated value of your case. Personal injury attorneys can also fight to renegotiate any offer they believe is too low.
At the Florin|Roebig law firm, our skilled personal injury attorneys can assist you by estimating your pain and suffering expenses and gathering evidence to prove your losses.
Our team of attorneys can also communicate with the defendant’s insurance company on your behalf and fight to ensure you are paid an appropriate amount of money for your losses.
When you are in need of someone to fight for your pain and suffering claim and ensure you receive the maximum amount of compensation possible, you need Florin|Roebig. Our attorneys have spent forty years developing the expertise necessary for being successful in court.
Frequently Asked Questions
What is the average settlement for pain and suffering?
The average settlement for pain and suffering is typically $15,000. Still, the amount of your settlement can vary depending on a number of different factors, including how negligent the other party was found to be.
What kind of damages are awarded for pain and suffering?
Pain and suffering damages are a kind of non-pecuniary compensation that is a specific kind of damage intended to reimburse the injured party for the bodily pain, mental and psychological anguish, and general loss of the enjoyment of life an injury has caused.
What is evidence for pain and suffering?
There are many different types of evidence that can be used to prove pain and suffering, including photographs and videos of the incident that occurred, any medical documents and bills that are generated, any witness statements that can be rounded up, plus invoices for property damage.
Is there a limit to pain and suffering?
Unfortunately, putting a definitive limit on pain and suffering damages is not feasible because state laws vary widely regarding non-financial losses.
How to Get Help from Florin|Roebig Attorneys
If you or someone you care about have been in an accident in which you sustained injuries or other forms of pain and suffering, and you are now ready to employ the best pain and suffering attorneys in Florida, the following are the best ways to reach our offices.
- Call our phone number 24/7
- Our website, florinroebig.com
- Questions can be emailed to [email protected]
The Florin|Roebig attorneys are known for our determination to reach the maximum possible compensation amounts for our clients, and we are willing to do what it takes to help you, too. Contact our legal offices today to get started.
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Contact Our Personal Injury Attorneys Today
If you or a family member has been injured due to another party’s negligence, our lawyers can help you seek fair compensation by filing a personal injury claim.
The Florin|Roebin legal team has won over $1 billion for our clients nationwide and has the skills required to aid you in getting the compensation you may be owed.
If you are ready to seek the compensation you deserve for your injuries, call Florin|Roebig law firm today to schedule a free consultation with one of our award-winning personal injury lawyers to examine your case.
