You can sustain personal Injury Claim from a wide range of risks; car accidents, dog bites, and medical negligence. Personal injuries typically result in significant damages and losses, such as medical expenses and lost wages. By filing a personal injury claim, you can receive a monetary settlement and restore your financial position to what it was before the injuries.

Nevertheless, economic damages such as medical expenses and loss of wages, are easily quantifiable. You can determine the exact amount you have spent seeking medical attention. Hence, it is easy to resolve economic damages. However, pain and suffering are unquantifiable and may pose a challenge when supporting your settlement claims. In this article, we will discuss the steps in which you can estimate and value your pain and suffering caused by personal injuries.

What is Pain and Suffering in a Personal Injury Claim?

Before you can claim pain and suffering, it would be best to understand what pain and suffering means.

Primarily, pain and suffering include mental agony, physical pain, and emotional discomfort. Some of the personal injuries that cause pain and suffering include back injuries, broken bones, internal injuries, muscle strain, neck injuries, and traumatic brain injuries. Different cases may award different settlement amounts for similar instances of pain and suffering claims.

For example, a court may award a higher settlement for back injuries to a person involved in a car accident if their vehicle is totally wrecked. You may get a smaller settlement even if your injuries are more severe than the former if your car only has minor scratches. The assumption here is that the more severe the accident, the more serious your injuries are likely to be—which is mostly not the case.

What are the Types of Pain and Injury Claim Damages Eligible for Monetary Settlements?

When filing for a personal injury lawsuit, understanding the different types of pain and suffering damages that are eligible for monetary settlements is crucial. These damages are often intangible and can significantly impact the quality of life of the victim. Here are some of the primary categories:

Physical Disability

Accidents can lead to severe physical disabilities that alter your life permanently. These can include the loss of limbs or other body parts, or permanent spinal injuries resulting in paralysis. Physical disability damages are typically significant because they account for the long-term impact on your mobility, employment opportunities, and overall quality of life. It is essential to have a comprehensive medical report to support your claim, detailing the extent of your disability and its long-term prognosis.

Disfigurement

involves injuries that alter your physical appearance, such as severe burns, facial injuries, or traumatic impacts that leave visible scars. Claimants often find it easier to substantiate disfigurement claims in court because they can visibly document the damage through photographs and medical reports. Compensation for disfigurement can cover not only the physical aspect but also the emotional and psychological impact of living with a changed appearance.

Mental Suffering

Mental suffering encompasses the psychological impact of an accident, such as post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health conditions. These issues can be debilitating and may require long-term therapy and medication. To claim damages for mental suffering, you will need documentation from a mental health professional, and a skilled personal injury attorney can help argue your case for appropriate compensation.

Loss of Care and Guidance

In the unfortunate event of wrongful death due to personal injuries, family members of the deceased can file a claim. This claim is for loss of care and guidance.

This type of damage is especially relevant if the deceased was a parent or guardian. In such cases, the children may suffer from the loss of nurturing and support. The emotional impact on the family can be profound, making it essential to seek compensation for these losses.

Spouses can also claim for the loss of companionship and emotional support. In such cases, the court may award damages to compensate for emotional pain. This compensation also addresses the disruption of family life caused by the untimely death.

Each of these categories represents significant impacts on the victim’s life and can be grounds for substantial monetary settlements. Partnering with a skilled personal injury attorney is essential. They will help you address all elements of your pain and suffering in your claim.

How Can You Calculate a Pain and Suffering Settlement in a Personal Injury Claim?

Determining the worth of your pain and suffering settlement is challenging because no specific formula exists for these calculations.

Intrinsically, most courts only give an estimate depending on the severity and intensity of your injuries.

Nonetheless, it would help to have the best personal injury attorney Michigan guide you through the entire process, from filing the claim to calculating the settlement amount.

Generally, the court may use two main methods to determine the settlement amount for your pain and suffering.

·         The Multiplier Method

Pain and suffering often link to economic damages, such as medical costs, which can help estimate their value. Essentially, you multiply the amount of these economic damages by a suitable number to calculate an estimate for your suffering.

For example, if your economic damages amount to $5,000, the court can multiply that amount by 5. This calculation sets the value of your pain at $25,000. The formula is $5,000 multiplied by 5 equals $25,000.

·         Per Diem Method

The per diem method dictates that you set a daily figure for your pain and suffering,

which you then multiply by the number of days you have suffered. You typically determine the daily rate based on your daily wage.

For example, if your daily wage is $150 and you have been in pain for five months (150 days),

your settlement amount will be $22500 ($150*150=$22500).

Conclusion

Sadly, personal injuries can cause immense pain and suffering, impacting both physical and mental well-being. The types of damages outlined above include physical disability, disfigurement, mental suffering, and loss of care and guidance. These are critical considerations when seeking compensation. Understanding these categories can help you navigate the legal process more effectively. Additionally, they ensure that your claim accurately reflects the true extent of your suffering.

By pursuing monetary compensation, you aim to receive the support needed to cope with these life-altering challenges. Always consult with a qualified personal injury attorney to protect your rights and ensure you receive fair compensation.