What is Pain and Suffering?
“Pain and suffering” is a legal term used to describe the impact of injuries sustained from an accident on your life. It encompasses physical, mental, and emotional anguish resulting from the accident. If you have suffered bodily injuries due to an accident, you may be eligible to claim damages for pain and suffering. Here are some examples of damages that fall under pain and suffering:
- Physical pain
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
In some cases, pain and suffering may also include conditions like insomnia caused by the injuries keeping you awake at night, as well as any embarrassment resulting from the damages.
In wrongful death cases, pain and suffering damages can include:
- Grief
- Loss of companionship
- Anxiety and depression
- Post-Traumatic Stress Disorder (PTSD)
How are Pain and Suffering Damages Calculated?
Insurance companies may use various methods to calculate pain and suffering damages. A motorcycle accident attorney can assist in reconciling these methods to arrive at a fair total. Typically, lawyers utilize either the multiplier method or the per diem method.
The Multiplier Method:
In the multiplier method, economic damages such as medical expenses and lost wages are multiplied by a factor. The multiplier is determined based on factors including:
- Severity of the injuries
- Length of recovery time or permanence of injuries
- Potential for future complications
- Disruption of daily routine and life
- Diagnosis and treatment by medical professionals
This method also considers the degree of fault attributed to you for the accident. The calculated amount may be reduced if you are partially responsible. However, a drawback of the multiplier method is its inability to account for individual differences in emotional pain and experiences despite similar injuries.
The Per Diem Method:
The per diem method calculates damages based on a daily rate for each day of the recovery period. This rate is derived from your daily earnings if you were able to work during that time. While straightforward, the per diem method is less suitable for long-term injuries, as determining a fair settlement amount over an extended period can be challenging compared to the multiplier method.
How Can I Prove Pain and Suffering After a Motorcycle Accident?
To substantiate your claim for pain and suffering damages, sufficient evidence is crucial. While medical bills can prove physical pain and treatment, demonstrating the broader impact on your life requires additional documentation. A motorcycle accident lawyer can help compile evidence showing:
- Personal journals documenting your physical and emotional experiences post-accident
- Statements from friends and family detailing how your injuries have affected your daily life
- Records of mental health treatment for conditions such as PTSD, anxiety, or depression resulting from the accident and injuries
Your lawyer will advise on the specific evidence needed for your case and ensure that your pain and suffering damages are accurately calculated to prevent the insurance company from undervaluing your claim.
