Have you ever thought that the wellness of your life could have a price tag? How much is your day without injuries, trauma, or any other accidents worth? It is possible to attach value to your life without pain and suffering. If you are involved in an accident and suffered and got injured, you have a right to pursue compensation for pain and suffering. The impact that the injury has had on your life will determine the amount of pain and suffering compensation you get.
Making a Claim
Most people wonder if a person’s suffering and pain can be quantified. Sometimes, putting an exact figure to a person’s distress can appear to be a daunting task. Whenever you suffer mental or physical injury arising from the negligence of someone else, you can take whoever is at fault to court to seek damages for instance being hit by a car or falling down on a slippery floor.
Some pain and suffering do not qualify for the award. This is because such discomforts might be covered under a different claim. For instance, you might need to be well informed about some injuries suffered at work that might be ineligible for pain and suffering claims. Also, if for instance you witnessed a car crash and feel that it was a traumatic experience, it might be hard suing the manufacturers of the vehicles to claim compensation. Often, pain and suffering claims will be investigated well and proof presented before a settlement is reached.
Proving Your Claim
All parties sued for compensation will thoroughly investigate the claims and ask for proof of pain or suffering before paying any money. This is because generally, people believe that these claims should be exaggerated.
The 9/11 Victim Compensation Fund recognizes ‘pain and suffering’ as a non-economic loss. Claimants should have an attorney to give them more info about pain and suffering claims and guide them on how they can prove their pain or suffering. In most cases, some of the proofs that will be required include:
- Medical records from doctors
- Treatment plans for specific injuries or conditions
- Witness testimonies
- Expert opinions regarding a condition
- Personal documentation e.g. daily logs and journals
You Can Seek Damages
In a pain and suffering claim, damages are placed in two main categories:
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Economic Loss
Under this category, claimants seek compensation for losses that can be calculated or simply, losses that have a price tag. It means, for instance, calculating the amount of money you have lost or used in addressing the claim. Examples of economic losses are:
- Lost wages and earnings
- Special medical devices such as wheelchairs and prostheses
- Costs of repairing or replacing some items
- Medical bills including ambulance fees
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Non-Economic Loss
These are also known as special damages and are intangible costs which are often complicated to place a monetary value upon. Examples of non-economic losses are:
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- Loss of consortium
This is sought by a spouse of the injured party for the loss of companionship.
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- Humiliation and Embarrassment
Any results of the injury that causes the injured party to feel ashamed or embarrassed such as a disfigured face or severed finger.
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- Physical Pain and Suffering
The actual pain suffered by the claimant
- Loss of enjoyment of life
- Mental anguish
Most non-economic losses alter the way a person lives. A change in lifestyle is often necessary. Injuries leading to loss of hearing, sight, or limbs will often require the people to start a new life learning new things. It is, therefore, incumbent upon your attorney to prove that indeed you suffered economic or non-economic losses or both. The attorney will have to convince the jury of the type of injury suffered, the severity of the injury, and how it will affect your future life.
Pain and Suffering Multiplier
Since it is a challenge determining an exact value on non-economic losses, most insurance companies use the multiplier method. A multiplier is actually a number ranging from 1.5 to 5 or even higher. It indicates the severity of your pain and suffering. The higher the value, the more serious your pain and suffering is. The company adds all your damages and multiplies by the multiplier.
An attorney can help you to accurately estimate the severity of your pain and help you pursue a reasonable award. All claims must be justified and exaggerated claims might cost you the compensation.
Whenever you experience an accident, in most instances, you can pursue compensation. While it is easy to determine economic damages, it is wise to seek legal advice in pursuit of non-economic damages. A legal practitioner will also be better placed to tell you when to seek these damages.
