Pain and Suffering 101

What qualifies as pain and suffering in a personal injury case?

When you think of a personal injury claim, you may only think of physical injury such as a broken bone, a scar, or a life-changing impairment. While physical injury often plays a big part in a claim, there are additional damages you need to consider. 

That’s where pain and suffering comes in. Pain and suffering covers any physical or emotional noneconomic loss as a result of your accident. Pain and suffering falls under the category of general damages that could be awarded to the plaintiff. In many cases, pain and suffering damages are paid to compensate you for the inconvenience or agony that you would not have experienced if it weren’t for the accident.

Pain and suffering claims could include: limitations on activity, depression, embarrassment, inability to enjoy life, and more. These could include immediate or future damages.

How is pain and suffering calculated?

There is no exact standard for measuring pain and suffering. However, insurance adjusters and juries may use a “multiplier” method, multiplying your economic damages by a certain variable, or the “daily rate” method, which assigns a daily rate to your pain and suffering. 

Depending on the state you are in, laws will dictate how much can be awarded for pain and suffering. For example, in Ohio, noneconomic damages are capped at $250,000 or three times the amount of economic damages, whichever is greater. This applies to most cases but can be waived in extreme cases.

Working with an attorney

A trusted personal injury attorney can build your case so you can maximize your award, carefully reviewing all the facts and circumstances surrounding your situation to show the genuine pain and suffering you have experienced as a result of your accident.

If you have a personal injury claim, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.