How Do You Calculate Pain And Suffering?
If you’ve suffered a personal injury, you’ll need a personal injury lawyer Phoenix, AZ recommends. A personal Injury is an injury to the body, mind, and/or emotions (as opposed to an injury to property). Injuries to the mind and/or emotion are often categorized as pain and suffering. But putting a dollar amount on pain and suffering can be difficult, how do you appraise someone’s well-being? How do you know when you’ve endured “enough” pain and suffering to bring forth a claim? How do you even know you’ve suffered a personal injury?
PERSONAL INJURY CASES
Personal Injuries cases often occur when one person is injured by another as a result of either intentional acts or negligent acts.
Intentional acts committed with purpose of causing actual harm or offense can result in personal injury. A personal injury lawyer Phoenix, AZ suggests may let you know that sometimes with intentional acts, the injury that occurs can be less physical or more phycological. Examples of intentional acts often include:
- Battery: any form of harmful or offensive contact.
- Assault: an intentional act that places the victim in reasonable fear of imminent harm
- False Imprisonment: when a person intentionally restrains the movement of another person without the legal right to do so.
Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Negligence has four elements that must be met for it to be an effective legal strategy:
- Duty: The defendant owed a duty of care to the plaintiff.
- Breach of Duty: The defendant breached that duty.
- Causation: The breach of duty caused harm to the plaintiff.
- Damages: The plaintiff suffered from that harm.
Common examples of negligence include car accidents, slip and falls, dog bites, medical malpractice, and wrongful death.
A personal injury lawyer Phoenix, AZ confides in should be well versed in pain and suffering. Pain and suffering are often a byproduct of an injury caused by either an intentional or negligent act. In fact, it is one of the most common injuries in a personal injury case.
WHAT DOES PAIN AND SUFFERING LOOK LIKE?
Pain and suffering isn’t always apparent on the surface, it can often take the form of:
- Loss of consortium
PAIN AND SUFFERING IS A GENERAL DAMAGE
If you’ve been injured in an accident, and your injuries have prevented you from living your life as you once used to, contact a personal injury lawyer Phoenix, AZ has faith in. After a major injury, it is common to experience symptoms like depression or irritability. Your life has been disrupted through no fault of your own and you are probably eligible to receive compensation for your pain and suffering.
Pain and suffering is a general damage, which means it is a noneconomic 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 actual damages in your case.
METHODS OF ASSESSMENT
A personal injury lawyer Phoenix, AZ endorses will fight for your damages. To ensure a settlement offer that includes compensation for pain and suffering is reasonable, attorneys use assessment methods like those below:
1. 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
2. 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
The truth is, it doesn’t matter how much in actual damages you have, or how many days it takes you to fully recover, pain and suffering is a part of every personal injury lawsuit. When a plaintiff has been negligently injured, physical, emotional, and mental pain can be immediately apparent, or they can take years to manifest. Don’t wait until the symptoms become unbearable before you decide to seek compensation.
If you’ve been negligently injured and are experiencing pain and suffering, you may have a personal injury case. If you’re in need of a personal injury lawyer Phoenix, AZ counts on, contact Kamper Estrada, LLP today for a free initial consultation.