How Is Pain and Suffering Calculated?

If you have just been in an accident, it is often advisable to file a personal injury claim. This is especially so if the accident resulted from a negligent party. Filing for a  personal injury claim will ensure you get compensated for the pain and suffering experienced. 

The compensation will also come in handy when paying for your medical bills and for maintaining your standard of living. So how are pain and suffering calculated?

What’s the Legal Understanding of Pain and Suffering?

When seeking compensation due to pain and suffering, you must understand that these compensable damages are different from medical expenses. Pain and suffering damages are based on the fact that the victim experienced distress due to the accident.

Pain and suffering can be categorized as physical pain and mental pain. Physical pain refers to the pain that the victim experienced due to being involved in an accident. On the other hand, mental pain refers to several categories of distress, such as:

  • Mental anguish  
  • PTSD
  • Humiliation
  • Depression
  • Anxiety
  • Loss of enjoyment of life
  • Fear

Factors Considered When Calculating Pain and Suffering

Some of the most common factors that will be considered when determining how much to pay include:

Medical Treatment — The more costly the treatment program is, the higher the value of your claim.

Type of Injury — If your injury is treated over a long period, you’ll likely receive more compensation.

Impact of the Injury — If the injury causes disability, you’re likely to receive more pain and suffering compensation than some whose injury does not cause disability.

Recovery Time — If your injuries require a longer recovery period, the court will award you more damages

Get in Touch with an Experienced Pain and Suffering Attorney

These cases are complicated and are best handled by an experienced accident attorney. Give us a call, and we will start collecting the required evidence immediately. We will collect evidence, such as the doctor’s opinion of your injuries and a mental health professional assessment report.

We will also collect evidence on how the injury has affected your standard of living. To get in touch with an experienced pain and suffering attorney from The Law Offices of Casey D. Shomo, give us a call at 561-659-6366  or contact us through the submission form below.