What is Pain and Suffering in a Personal Injury Claim?

If you are injured in an automobile accident or any type of accident due to the negligence of another person, you are entitled to pursue compensation for damages.  This includes direct expenses like medical bills and wages lost due to the injury and also includes damages for pain and suffering. 

Pain and suffering refers to the mental anguish and distress that comes from living with prolonged or lifelong pain.  When someone is injured due to the negligence of another, they may experience a significant amount of emotional stress. Paralysis, prolonged pain and physical limitations can cause severe depression and limit future earning potential.

How is Pain and Suffering Calculated?

Insurance companies and attorneys use certain systems to calculate how much pain and suffering damages are worth.  There are a few different ways to calculate pain and suffering. The Multiplying Method considers all economic damages and multiplies that number times a qualifier, usually between 1.5 to 5 depending on the severity of your injuries.  

A daily rate, or per diem method, attempts to assign a daily rate do your pain and suffering.  For severe injuries, your personal injury attorney may seek the maximum amount allowed under the law for pain and suffering damages.  The cap on pain and suffering damages in Ohio is $250,000.  This cap can be removed when a severe injury leaves you unable to care for yourself, causes the amputation of a leg or arm or a severe deformity.

Ask a Personal Injury Lawyer About Your Pain and Suffering

When you experience serious injuries due to the negligence of another, you need the counsel of an experienced personal injury lawyer.  Your attorney can guide you in establishing the necessary evidence for your personal injury claim, such as medical records including prescriptions, medical expert opinions, testimony from family members or coworkers regarding the impact the injury has had on you and your own testimony. 

Schiff & Associates can help you understand what your claim is worth and fight for the maximum settlement you deserve.

Schiff & Associates has been helping victims of accidents since 1982 with a history of getting our clients the maximum compensation due under the law.  We understand that financial recovery is as important as your physical recovery.  Contact us to speak with a top personal injury attorney in Ohio.