How much can you get out of pain and suffering?
When you’re injured due to someone else’s negligence, calculating the compensation you deserve extends beyond medical bills and lost wages. Pain and suffering constitute a significant part of a personal injury claim, reflecting the emotional and physical distress you experience. This blog post will explore how pain and suffering are evaluated in personal injury claims, why they are essential, and how you can effectively document your suffering to maximize your compensation. Consult with a Minneapolis personal injury lawyer to ensure your rights are protected and you receive fair compensation.
Assessing the Value of a Personal Injury Claim
Key Criteria in Determination
The value of a personal injury claim is assessed based on several criteria:
- Medical Expenses: Total cost of medical treatment, including future medical expenses.
- Lost Wages: Income lost due to the inability to work, both present and projected future earnings.
- Pain and Suffering: Non-economic damages that encompass physical pain and emotional distress.
- Impact on Quality of Life: Changes in the victim’s ability to enjoy life and partake in activities.
Among these, courts often give significant weight to pain and suffering, especially when the physical injuries have long-term repercussions. That said, pain and suffering are often the most difficult aspect of a claim to prove, requiring consistent record-taking on the victim’s part.
The Importance of Pain and Suffering in Claims
Why It’s Included in the Assessment
Pain and suffering are included in claim assessments to acknowledge that not all damages are financial. The law recognizes that injuries can inflict significant emotional trauma and physical pain, which deserve compensation even though they do not have direct economic impacts. This component of the claim addresses:
- Physical Pain: The discomfort and aches during recovery and any ongoing pain.
- Emotional Distress: Anxiety, depression, loss of sleep, and other psychological impacts of the injury.
By compensating for these experiences, the legal system aims to restore the injured person to the whole condition as much as possible. While the law can’t return you to health, it can give you compensation, although that often is a paltry substitute.
Quantifying Pain and Suffering
Calculating Non-Economic Damages
The amount added to a claim for pain and suffering can vary widely. Several methods are used to calculate these damages, including (but not limited to):
- Multiplier Method: Multiplying the actual economic damages (like medical bills and lost wages) by a number (usually between 1.5 and 5) based on the severity of the pain and suffering.
- Per Diem Method: Assigning a daily rate for pain and suffering that accumulates each day until maximum recovery is achieved.
The severity of the injury, the expected recovery time, and the impact on the individual’s daily life are crucial factors in determining the multiplier or the daily rate. To assess the severity, you’ll need to provide evidence.
Documenting Your Pain and Suffering
Ensuring Fair Compensation
To receive fair compensation for pain and suffering, detailed and consistent documentation is crucial:
- Medical Records: Highlighting the treatments and medications for pain management.
- Pain Journal: Keeping a daily log describing the pain levels and how the injuries impact daily activities and emotional well-being.
- Psychological Evaluations: Professional assessments can substantiate claims of emotional distress.
- Testimonies from Family and Friends: Statements from close contacts can help corroborate how the injury has affected your personal life.
A Minneapolis personal injury lawyer like those at Perron Law can guide you on effectively compiling and presenting this evidence to strengthen your claim.
Conclusion: Maximizing Your Injury Claim
Understanding and proving pain and suffering in a personal injury claim are complex but critical to ensuring you receive adequate compensation. With the help of an experienced Minneapolis personal injury lawyer, you can navigate the legal intricacies and demonstrate the full impact of your injuries. Remember, your compensation should reflect not only your financial losses but also the physical pain and emotional turmoil you have endured.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. We proudly serve the communities of Lauderdale, Columbia Heights, Falcon Heights, Robbinsdale, Roseville, Crystal, New Brighton, Richfield, Arden Hills, Fridley. Simply reach out on 651-269-6208 to schedule your free consultation.
