Personal Injury Lawyer Phoenix, AZ
“Pain and suffering” refers to the injuries a plaintiff may incur as a result of an accident. It can encompass everything from physical injuries to emotional and mental injuries. Can you get pain and suffering in a minor car accident? The short answer is, yes. How much you’ll get will depend on the severity of the accident and injuries. So, if you were only mildly hurt, you may not recover very much from your pain and suffering.
What Do Pain and Suffering Look Like?
Pain and suffering aren’t always apparent on the surface, they can often take the form of:
- Discomfort
- Depression
- Anxiety
- Insomnia
- Irritability
- Loss of consortium
Pain and Suffering is a General Damage
If you’ve been injured in an accident, and your life has been disrupted through no fault of your own, you are probably eligible to receive compensation for your pain and suffering.
Pain and suffering are general damages, which means they are non-economic damage. Unlike loss of property and loss of income, which have specific dollar amounts tied to them, general damages are unique to each plaintiff and must be individually assessed. A personal injury attorney will include pain and suffering damages along with the specific damages in your case.
Methods of Assessment
Putting a dollar amount on pain and suffering can be difficult. To ensure a settlement offer that includes compensation for pain and suffering is reasonable, attorneys use assessment methods like those below:
- Multiplier Method
Multiply the plaintiff’s actual damages (medical bills, lost wages) by a certain number, generally between 1 and 5. For example:
- A plaintiff incurred $5,000 in medical bills
- The number determined is four (based on the severity of the accident)
- $5,000 x 4 = $20,000
- The plaintiff’s attorney will seek $20,000 in damages for their client
- Per Diem Method
A certain dollar amount is assigned for every day from the day of the accident to the day the plaintiff has reached maximum recovery. For example:
- It takes a plaintiff 180 days from the day of the accident to the day of their maximum recovery
- The plaintiff’s attorney assigns $100 to each day
- 180 days x $100 a day = $18,000
- The plaintiff’s attorney will seek $18,000 in damages for their client
If you’ve been injured in an accident, even a minor one and your injuries have prevented you from living your life as you once used to, call Kamper & Estrada, PLLC for a free initial consultation. Our experienced personal injury attorneys can fairly assess your case and your pain and suffering.
