Personal Injury Law

How are Pain and Suffering Calculated in a Personal Injury Case?

Personal Injury Case

If you are injured because of another person’s negligence – regardless of if it is due to a car accident, slip and fall, or another cause – you have the right to pursue compensation from the at-fault person’s insurance company. This is referred to as a third-party claim.

Once you have proven the defendant is at fault, you have to prove the financial losses you have incurred so you can claim the money you need to begin rebuilding your life. The money that is allotted for these expenses is called damages.

Types of Damages

There are several types of damages. Special damages are the ones that can be calculated easily. This includes lost wages and medical bills. You may also be able to recover general damages. An example of this is pain and suffering. This is a factor that is not always easy to quantify. Here you can learn more about pain and suffering, how settlements are calculated and your role during the process.

Keep in mind, if you are ever injured because of someone else, the best thing you can do is retain legal services from a quality personal injury attorney in Florida.

Understanding Pain and Suffering

This is a legal term that refers to various injuries you may suffer in an accident. This includes physical pain, as well as mental and emotional injuries. Compensation for pain and suffering is essentially money for everything you have to “go through” on the path back to your normal life.

Why can You Receive Compensation for Pain and Suffering?

When another party is proven to be at-fault for your injuries, you will receive some compensation (in most cases) for your pain and suffering. Insurance companies realize that people who suffer an injury deserve something for the inconvenience and pain they experience. While some insurance companies try to get away with offering a very low amount at first, your personal injury attorney can help negotiate an amount that is fair.

What is Considered when Figuring Out Pain and Suffering Damages?

There are several factors taken into account when determining how much you should receive for pain and suffering. Some of these factors include:

  • How severe your injuries are
  • The discomfort and pain associated with the injuries
  • How the injuries affect your job, life, relationships, etc.
  • How much medical treatment you require
  • How long it takes the injuries to heal
  • If you are going to need care in the future, such as surgery, medication, therapy, etc.

From the information here, it is easy to see that putting a price on pain and suffering is often a subjective manner.

Your Attorney Can Help

While there is no foolproof way to determine what your pain and suffering is worth, your personal injury attorney will be able to give you a general idea of what you can expect to receive. If you are injured in an accident and need legal representation, contact personal injury lawyer Scot J. Sternberg at 561-288-9096.


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