Pain and suffering is a legal term that refers to the physical pain and emotional stress faced by the victim of a personal injury accident. While the expenses from medical bills and damage repairs may come to mind first and be the initial issues to deal with following an accident, the pain and suffering that victims experience is often the most significant resulting trauma with the longest-lasting impact.
“How much can I get for pain and suffering, and what is it worth?” It’s a common question asked by injury victims after an accident when pondering what compensation they may receive. It makes sense then that there are considerations in the law for pain and suffering. If you have endured a serious injurious accident, you are likely entitled to compensation for your difficult experiences throughout the ordeal.
Many people ask at the point of starting their claim, “How much can I get for pain and suffering in my personal injury case?” There is no set answer to this question, as everyone’s situation is unique but several common methods of calculating overall damages – including pain and suffering – are:
In this calculation, all the economic damages are compiled, and this sum is multiplied by a number between 1.5 and 5 based on the severity of the event. Five would be for devastating, catastrophic losses, and 1.5 would be for less impactful injuries. This scale might surprise you, as a broken arm could be considered a 1.5, and most of us would find a broken arm to be pretty detrimental to our daily lives!
Another common method of calculating non-economic damages is the “Daily Rate” or “Per Diem” Method. This is a calculation that uses how much you make in a day multiplied by how many days you suffered limitations to your normal routine due to your accident-related injuries. For example, if you typically made $150 a day, and missed two weeks of work your damages amount would be $1,500.
Hedonic damages are for the loss of enjoyment of life (LOEL), focusing on the impact of an injury on a person’s ability to enjoy the life’s pleasures. There is debate about whether hedonic damages and pain and suffering are the same or different harms. Hedonic damages are generally proved through testimony by lay people (e.g., friends, family), expert witnesses, and economist calculations.
The insurance companies have ways of determining the value of these compensatory damages that may be startling. You may be surprised to hear that one way they make the determination what you get for pain and suffering is by using a software. The “Colossus ” system may not be well known to the general public, but to those in the insurance industry it is a foundational tool. Used by many large insurers, this computer program aggregates input facts about the accident and the people involved and calculates the amount of general damages that should be paid out.
It is extremely reasonable to ask how a software system is able to quantify and decide an answer based on this type of abstract data. To just use software, plug in some dates and numbers and have a comprehensive understanding of the pain and loss someone suffered is nearly impossible. A primary goal of Colossus is “Minimizing Payout Variance.”
This objective is to streamline the way that insurance claims are paid out and make it easier on the insurers to predict settlement costs for accidents. As you can imagine, this does not bode well for you as the customer. You suffered a specific event, with unique circumstances and deserve more consideration for your pain and suffering than an insurance algorithm will provide.
The first thing to understand is the types of damages that are totaled and awarded in a personal injury settlement. The three primary types of damages awarded to personal injury victims are:
All of these methods, whether algorithmic or mathematical estimation, certainly leave room for interpretation and disagreement. This is where it is useful to engage the skills of an experienced personal injury who has the knowledge and expertise to understand what you should seek for pain and suffering, and negotiate for your best possible settlement.
The ferocious negotiators at Thompson Law build your case and fight on your behalf for your maximum pain and suffering compensation in a few key ways.
Based on this information, your expert personal injury attorney can build a case for your full deserved compensation and defend that case in negotiations – whether they take place through a claim demand, mediation, or even in court. What you get for pain and suffering is largely dependent on the law firm you hire, and their results getting pain and suffering money for past clients.
Thompson Law is an established personal injury law firm dedicated to fighting for client’s best possible outcome after a serious accident. Attorney Ryan Thompson and his highly skilled team have seen the devastating effects of all types of accidents. We know how to prove pain and suffering damages, fight the insurance companies, and win for our clients. What you get for pain and suffering when you come to Thompson Law is every penny allowable under the law.
For information and advice on your specific situation, reach out anytime for help from your Dallas personal injury lawyers at Thompson Law. We understand pain and suffering damages, and want to help you today. Call the 4’s today in Dallas at 214-444-4444, in North Dallas at 972-444-4444, in the DFW Mid-Cities at 469-444-4444, or in Fort Worth at 817-444-4444.
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