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06 Sep

Understanding “Pain and Suffering”: A Comprehensive Guide

Introduction

In the realm of personal injury law, the term “pain and suffering” frequently surfaces. As legal jargon, it may sound abstract, but in reality, it’s a significant factor in personal injury cases. It’s the bridge that connects the law’s black and white nature to the gray areas of a victim’s experience. At SELPH LAW, we help our clients understand what “pain and suffering” entails and how it’s evaluated in a court of law. In this blog post, we delve into this term, illuminating its meaning, calculation, and impact on personal injury cases.

What Is “Pain and Suffering”?

“Pain and suffering” is a legal term that refers to the physical and emotional distress caused by an injury. It encompasses a wide array of hardships, including:

  1. Physical Pain and Discomfort: This includes immediate pain and discomfort caused by the injury, as well as any ongoing pain that a victim might experience.
  2. Emotional and Psychological Trauma: Mental suffering like stress, anxiety, depression, loss of enjoyment of life, or sleep disturbances resulting from an injury falls under this category.
  3. Lifestyle Modifications: This accounts for any negative changes in a victim’s lifestyle due to the injury, such as a decreased ability to participate in hobbies or physical activities, difficulty performing daily tasks, or decreased quality of life.

Calculating Pain and Suffering

Unlike economic damages such as medical bills or lost wages, pain and suffering, categorized as non-economic damages, don’t come with a tangible price tag, making them harder to quantify. Courts and insurance companies use various methods to calculate these damages:

  1. Multiplier Method: This is the most common method. It involves multiplying the total economic damages (like medical bills and lost earnings) by a certain number (typically between 1.5 and 5) based on the severity of the injury.
  2. Per Diem Method: In this method, a certain amount is assigned for each day the victim suffers from the injury, from the date of the accident until they reach “maximum recovery.”

How SELPH LAW Can Help

At SELPH LAW, we understand that your pain and suffering are deeply personal and unique. We believe that you deserve to be compensated for these intangible damages just as much as your economic damages. Here’s how we can help:

  1. Evidence Collection: We help you gather the necessary evidence to support your pain and suffering claim, such as medical records, psychological evaluations, personal diaries detailing your suffering, and testimonies from friends, family, or coworkers.
  2. Expertise in Negotiations: With our expertise and understanding of pain and suffering calculations, we effectively negotiate with insurance companies, ensuring they don’t downplay your pain and suffering.
  3. Legal Representation: If your case goes to court, we present a compelling case on your behalf, striving to get you the compensation you deserve for your pain and suffering.

Conclusion

“Pain and Suffering” is more than just a legal term—it represents the real hardships that injury victims endure. At SELPH LAW, we are committed to ensuring that our clients’ pain and suffering are recognized, validated, and compensated. Our experienced and compassionate team is here to guide you every step of the way.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Always consult with a professional attorney for any legal decisions.

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