How to Account for Pain and Suffering in Personal Injury Damages

A personal injury can be so much more than just a physical injury. There are financial tolls as well as mental and emotional tolls, all of which can be compounded by the physical injuries themselves. That is why you will often hear about pain and suffering damages being awarded in injury cases.

Although victims can claim these types of damages in a personal injury suit, they need to provide quantifiable evidence to determine the value and support their monetary claim. A personal injury attorney is the best professional to help you determine these values so you can successfully claim these non-economic damages.

What Is Considered Pain and Suffering?

Pain and suffering is a legal term that encompasses the mental, emotional, and physical impacts of a personal injury on a victim. Any of the following may fall under the category of pain and suffering:

• Chronic pain
• Discomfort with certain movements
• Mobility difficulties, loss of mobility
• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)
• Feelings of humiliation
• Insomnia and trouble sleeping
• Sexual dysfunction
• Mood changes
• Loss of or changes in relationships

Calculating Pain and Suffering Damages

Pain and suffering damages are intended to compensate victims for the negative effects of the above-mentioned conditions and experiences. Some of these costs are easily quantifiable, such as the cost of medical or psychiatric care or medications to manage the condition. Others are harder to quantify, but a number can be reached with the right evidence. Examples of evidence that can help put a dollar amount on pain and suffering are:

• Comprehensive medical records that demonstrate the nature and extent of the injuries
• Medical expert testimony on how the injury or injuries impact your day-to-day life, as well as your future prognosis
• Testimony from your mental health practitioner regarding your mental and emotional state
• Testimony from industry experts explaining how your injuries affect your ability to do your job or earn a living
• Testimony from family and friends on how your relationships or mood have changed due to the injury
• Your own testimony about your physical and mental pain and suffering

Injuries that are easily visible generally require less proof than psychological and emotional injuries, but that does not mean victims should give up on being compensated for their “invisible” injuries. Many victims have mounted successful claims for pain and suffering damages.

Pain And Suffering Multipliers

In cases involving serious injury, insurance companies will often use a multiplier to calculate non-economic damages like pain and suffering. An example of this is multiplying your lost wages and medical bills by an amount that reflects the severity of your injuries. However, this is not much more than a risk management tool for the insurance company. There is no guarantee that the number arrived at, will provide enough compensation to fully cover your injuries and recovery.

That is why the personal injury attorneys at Eisenberg Law Offices are so diligent about collecting and presenting evidence to support your claim. Our thorough investigation encompasses all aspects of your loss to arrive at the most appropriate compensation amount.

Caps on Pain and Suffering Damages

Unlike some states, Wisconsin does not have a limit or cap on the amount of pain and suffering damages a victim can collect unless it is a medical malpractice claim or a claim against state or local government.

Our Team is Ready to Help You Obtain Full Compensation Damages

If you are considering filing a personal injury claim, speak with a personal injury attorney at Eisenberg Law Offices about your situation. We understand that mental and emotional distress can be just as devastating, if not more so, than physical injury in many cases. Pain and suffering can cause very real costs and victims are too often under-compensated for those costs.

Our approach is comprehensive. We will look at the economic and non-economic impacts of the injury on you and your family. We also always account for not only your current compensation needs but also your future needs. Some injuries require months or years of recovery, if not more. We will fight to make sure you are compensated for all of the damages you are due.

Arrange a free case consultation by calling Eisenberg Law Offices at 608-256-8356 or emailing us at info@eisenberglaw.org.