Compensation for Pain and Suffering is an inexact science. There is no formula, table or chart to determine damages for pain and suffering resulting from an automobile accident, slip and fall or other type of personal injury claim. Damages for pain and suffering pertain to the physical pain and the emotional pain or stress associated with those injuries caused by the accident. An injured person is entitled to damages for pain and suffering from the time of the accident until the person is either returned to their state of health prior to the accident or for the rest of their life expectancy if their injuries are permanent.
What is included in Pain and Suffering?
Pain and suffering can relate to actual pain, pain endured while receiving medical treatment and pain that interferes with your activities of daily living, your hobbies and the enjoyment of life’s activities. If a doctor determines your injuries are permanent in nature and will last the rest of your lifetime, that will be a substantial factor in calculating pain and suffering damages. Likewise, if your injuries have left you with some type of permanent scarring or disfigurement from either a laceration, burn, surgery or otherwise, then this will also be very relevant when calculating damages for pain and suffering.
How to maximize compensation for Pain and Suffering?
In calculating pain and suffering, the insurance company typically looks at the severity of your injuries, whether any of your injuries are permanent and whether you have suffered some type of scarring or disfigurement. Generally, the more severe your injuries, the more pain and suffering you will likely experience. The insurance company will usually have a low calculation as to your pain and suffering. It is therefore very important to consult with an attorney soon after an accident so that you can be advised as to the best course of action for your medical treatment. This will enable your Personal Injury attorney, who has handled numerous injury claims and knows how to communicate your pain and suffering with the insurance company’s adjuster, to maximize your compensation for pain and suffering.