top of page
  • Writer's pictureRobert Schuerger II

What Is Pain and Suffering in a Personal Injury Case? | The Hidden Damages!

When bringing a personal injury claim, the injured victim can seek many different types of losses. They may pursue out-of-pocket expenses arising from medical bills or lost wages for the number of days they couldn't go to work. There are also pain and suffering damages they may also receive.


Schuerger Shunnarah Trial Attorneys have helped recover millions of dollars on behalf of injured victims. They have expertise in assessing the claim or lawsuit and evaluating the damages incurred. Those who have suffered injuries in Nashville, Tennessee, should contact Schuerger Shunnarah Trial Attorneys to discuss their case, what is a personal injury claim and learn more about their legal options.


Understanding Pain and Suffering

Understanding Pain and Suffering


There are two types of pain and suffering, and these are as follows:


Physical Pain and Suffering


An accident can leave the victim in extreme physical pain and discomfort, which can last a few days or even longer. According to the National Institute of Neurological Disorders and Stroke, in some cases, the affected party may experience chronic pain from their injuries throughout their life. This can adversely affect their day-to-day routine and have a negative impact on their quality of life.


Physical pain can take many different forms, including the following:


  • Neck pain

  • Headaches

  • Joint pain

  • Back pain

  • Muscle pain

  • Neuropathic pain


Emotional Pain and Suffering


Besides physical pain, the victim may also go through emotional pain and suffering, with recovery taking anywhere between a couple of days to a few years.


The following are some of the examples of emotional pain and suffering:

  • Psychological trauma

  • Mental anguish

  • Post-traumatic stress disorder

  • Cognitive changes

  • Mood or behavioral changes

  • Loss of consortium

There are many different types of pain and suffering an injured victim may experience following their injuries. A car accident, for example, can leave an individual with injuries leading to neuropathic pain, followed by depression due to the resulting impact of the incident.


What Is Pain and Suffering in a Personal Injury Case?


When an individual suffers injuries due to another's negligence, they may experience serious physical and emotional pain and suffering, which can have life-altering consequences.


Under personal injury law in Nashville, Tennessee, they may be able to pursue a personal injury claim or lawsuit against the at-fault party or their insurance company to recover economic losses and non-economic damages.


Economic damages refer to the out-of-pocket expenses incurred by the injured victim. This may include medical bills (hospital costs, prescription fees, rehabilitation costs, surgery bills, and future medical expenses), lost wages, and property damage. Schuerger Shunnarah Trial Attorneys can assist when an insurance adjuster requests for medical records and exams.


Non-economic damages are non-monetary losses incurred by the injured victim. These are subjective injuries and may include physical pain and suffering, emotional distress, mental anguish, and reduced quality of life, among others.


How to Calculate Pain and Suffering Compensation


Before pursuing a personal injury claim or a lawsuit, an injured victim must calculate the total compensatory damages incurred following their injuries. They need to mention that amount in their demand letter.


Calculating economic damages is pretty straightforward. By simply adding all of the medical expenses, lost wages, and property damages, injured victims can determine the total value of the economic damages incurred following their injuries. It's essential to keep all of the receipts, bills, medical reports, and doctor notes in a file to help build a personal injury case.


Unlike economic losses, non-economic damages are far more challenging to evaluate. Since they are subjective, it can be difficult to assign a monetary value to physical pain and suffering, emotional distress, psychological trauma, and other non-economic losses.


There are two ways an insurance company goes about calculating pain and suffering damages, and these are as follows:


Multiplier Method


To estimate pain and suffering damages, the insurance company assigns a multiplier, which is typically between 1.5 and five, depending on the severity of the injuries sustained. It then multiplies the economic damages by the multiplier to determine the value of the non-economic losses.


Below is an example to help illustrate how the multiplier method works:


Jack suffers serious spinal cord injuries in an accident caused by someone else's negligence. The severe mental pain and suffering and physical injuries adversely impact his life and financial situation. He incurs $200,000 in medical bills due to the partial paralysis.


In the example mentioned above, the accident leaves Jack partially paralyzed. Since his injuries are severe, the insurance company may assign a five times multiplier, which means that Jack may receive $1 million for the physical and emotional pain and suffering.


Per Diem Method


When the insurance adjusters use the per diem method, they assign a set rate (dollar value) for every day of pain and suffering incurred by the injured victim.


In most cases, the insurer uses the victim's wage rate, but it could be another amount, depending on the severity of the injuries sustained.


If Jack makes $200 a day and the doctors estimate that he will be in pain for five years, he may receive $365,000 ($200 x 5 years x 365 days per year) under the per diem method.


How to Prove Pain and Suffering Damages in Nashville, Tennessee

How to Prove Pain and Suffering Damages in Nashville, Tennessee


When a personal injury accident due to another's negligence leaves an individual with severe injuries and pain and suffering damages, it is their responsibility to pursue legal action to recover compensation.


The injured victim has the burden of proof, and they must provide evidence of their pain and suffering damages. The more evidence they submit to back their pain and suffering claim up, the greater the financial recovery.


There are many different types of evidence they may provide, some of which include the following:

  • Medical records

  • Expert testimonies

  • Photographs

  • Videos

  • Psychological assessment by an expert

  • The victim's family members and friends' testimonies

  • Personal diary with daily accounts of the impact of the injuries on their life

An injured victim must build a strong case to convey their story in a compelling way and let the necessary parties know how the injuries continue to impact their life.


It's crucial for an injured victim to reach out to experienced personal injury attorneys in Nashville to help prove the extent of their physical and emotional pain and suffering damages to ensure that they get the compensation they deserve.


Schuerger Shunnarah Trial Attorneys Can Help Determine Pain and Suffering Damages in Nashville, Tennessee


Proving pain and suffering damages caused by a bodily injury after an accident can be challenging. Most injured victims often leave monetary damages on the table, as they fail to assess the severity of their physical and mental injuries accurately.


Those suffering from physical and emotional injuries in Nashville, Tennessee, due to another's negligence should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. They can help assess the damages, calculate the value of the personal injury claim, and pursue the compensation the injured victim deserves.

Comentarios


bottom of page