Common Reasons for Pain and Suffering Compensation
Posted in Personal Injury on March 11, 2024
When an individual sustains an injury caused by the actions of another person, business, or entity, they are often able to recover compensation for their losses. Sometimes, this compensation comes through an insurance settlement, though it may also come as a result of a personal injury lawsuit file in Tennessee civil court against the at-fault party. There are various types of compensation typically available through these types of claims, including pain and suffering damages.
Defining Pain and Suffering – What it Means for a Personal Injury Claim
Pain and suffering damages in, the context of a personal injury lawsuit, refer to the compensation awarded to an individual for the physical and emotional distress caused by an injury. These damages are non-economic in nature, meaning they do not directly compensate for financial losses like medical bills or lost wages, but rather for the intangible consequences of an injury. Pain and suffering damages could include:
- Physical pain and discomfort. This encompasses the immediate pain and ongoing discomfort that results from the injury. It accounts for both the acute pain experienced immediately after the incident and any chronic pain or discomfort that persists over time due to the injury.
- Emotional distress. Emotional distress damages compensate for the psychological impact of an injury. This can include anxiety, depression, post-traumatic stress disorder (PTSD), insomnia, fear, and loss of enjoyment of life. The trauma of going through the injury itself, the impact of the physical pain and suffering on mental health, and the stress of dealing with the aftermath all fall under this category.
- Loss of enjoyment of life. If an injury prevents an individual from engaging in hobbies, recreational activities, or other forms of enjoyment they regularly participated in before the accident, compensation for loss of enjoyment of life may be included. This reflects the diminished quality of life and inability to partake in and enjoy personal interests and pastimes.
- Loss of consortium. Sometimes, pain and suffering damages may also cover loss of consortium, which refers to the negative impact an injury has on the relationship between an injured person and their significant other. This can include loss of companionship, affection, comfort, and sexual relations.
- Embarrassment and humiliation. If the injuries lead to scarring, disfigurement, or other conditions that cause the victim embarrassment or humiliation, these feelings can be compensated under pain and suffering damages.
- Future pain and suffering. This accounts for the ongoing and future physical pain and emotional distress the victim is likely to endure. If an injury results in long-term or permanent disabilities, chronic pain conditions, or ongoing mental health challenges, the future impact of these issues is considered in the award for pain and suffering.
- Mental anguish. This is similar to emotional distress but emphasizes more severe psychological effects, such as significant depression, anxiety, or other mental health issues resulting directly from the injury or its consequences.
How is Pain and Suffering Calculated?
Pain and suffering damages for a Tennessee personal injury claim can be calculated in a few different ways – The multiplier method or the per diem method:
- Multiplier method. Using This method, your attorney will gather up all of the calculable losses you have endured as a result of your injuries. We say calculable because we mean we are able to examine receipts, estimates, and bills that come in related to the claim. After adding up all of these losses, we will use a specific number to multiply the total by, usually a number ranging from 1.5 to 5. For example, if you sustain $200,000 worth of economic losses, a multiplier of “three” could be used to reach a non-economic damage total of $600,000.
- Per diem method. An alternative method is assigning a dollar of value to each day a person is expected to experience pain and suffering due to their injuries or the recovery process. For example, let us suppose that a $300.00 a day value is assigned to a person’s pain and suffering, and they are expected to experience pain and suffering for the next year. This would mean we take the $300.00 and multiply it by 365 to reach a non-economic damage total of $109,500.
Granted, this is a very simplistic explanation of how these damages could be calculated. There are several factors that you should discuss with your personal injury lawyer about your particular claim when working to understand how much non-economic damage compensation you could receive.
Can You Improve Your Chances of Receiving Pain and Suffering Compensation?
There are certainly ways you can help improve your chances of recovering pain and suffering damages through your personal injury lawsuit. First, having a skilled personal injury lawyer in Tennessee by your side can add significant benefits to your case. An attorney with experience handling complex injury claims can conduct a complete investigation into the incident. They will have a thorough understanding of how to calculate these particular types of losses. We mentioned the multiplier method and the per diem method above, and it is okay that you are not familiar with these terms. Your lawyer is your advocate, and they will assist you throughout this process.
Will You Receive Non-Economic Damages With the Main Settlement?
When you make a personal injury claim against another party, all of the economic damages and non-economic damages associated with the claim get requested at the same time. For example, using the above calculations we made, let us suppose an attorney calculates that their client should receive $200,000 worth of economic damages and $600,000 worth of non-economic damages. For this claim, an attorney would submit a “demand” to the at-fault parties for $800,000.
The amount of time it could take for you to receive compensation for your claim will vary depending on factors related to your individual case. Some personal injury claims could be resolved within a few months, but it could take years for more complicated claims that have to go to trial. Please speak to your attorney about how long they expect your case to take so you have a general idea of what to expect moving forward.