Pain and Suffering

What Does “Pain And Suffering” Encompass In A Personal Injury Settlement

When personal injury settlements are awarded after car or motorcycle accidents, the money is typically awarded for specific things. For example, a settlement agreement may include compensation for medical bills, lost wages, property damage, and pain and suffering.

In order to ask for the appropriate amount of money for pain and suffering, it’s important to understand what is covered in each category. Medical bills, lost wages and property damage can all be straightforward. However, how do you assign a financial value to the amount of pain someone has suffered? It may seem like an impossible task, but experienced Los Angeles attorneys who handle accident settlements can help explain how the pain and suffering award is determined.

In car or motorcycle accident settlements, pain and suffering damages compensate victims for the physical and emotional damage they suffer, as well as the negative impact the injuries or accident had on their life.

Pain and Suffering Typically Includes:

  • Pain and discomfort because of the injuries
  • Pain and discomfort because of medical treatment to address injuries
  • Temporary or permanent limitations on a person’s daily activities
  • Depression and post-traumatic stress disorder caused by the accident

Determining pain and suffering damages can be emotional and difficult for accident victims. To help protect your right to maximum compensation, contact our experienced Los Angeles personal injury attorney to get started with the settlement process by calling 800-724-6294.

How Are Damages Calculated For Pain And Suffering?

For the person whose life changed permanently because of injuries, it may seem obvious that the accident reduced the person’s quality of life. Regardless, how do you put a price tag on a person’s happiness?

Determining damages for pain and suffering can be extremely subjective, and in some cases, the amount proposed by an insurance company may even be insulting to the injured person. To determine the value of the pain and suffering award, insurance companies may multiply the known expenses – such as the medical bills and lost incomes – by another number, called the multiplier.

Several factors influence what number is used for the multiplier. Those factors include:

  • Did aggravating circumstances, such as drunk driving or drug use, contribute to the severity of the accident?
  • How serious are your injuries?
  • How long did your recovery take, or how long is it expected to take?
  • Did you receive the recommended medical treatment?
  • Will you ever recover fully?

Who Is Responsible For Proving The Pain And Suffering?

Like any part of a personal injury case, it is your responsibility (along with your attorney) to collect the evidence needed to prove your pain and suffering. If you are constantly uncomfortable, tell your doctor during your appointments so it is recorded in your charts.

If the pain medication you have is not alleviating your pain, communicate with your doctor. You may feel shy or embarrassed to ask for the treatment you need, but insurance adjusters may take that as a sign that you are recovering well. Finally, keeping a daily log about your injuries and pain can also be useful.

Call 800-724-6294 to talk with an attorney who can help ensure you receive the pain and suffering settlement you deserve.