Chances are you have heard the phrase ‘pain and suffering’ on the news or read it in a newspaper. But what exactly is ‘pain and suffering’ and how is it calculated?
News reports would have many believe that pain and suffering compensation is a
way to arbitrarily tack on more money in a lawsuit. Critics often label any lawsuit that seeks large sums of money to be frivolous, but it is common for those same critics to be ignorant of the circumstances surrounding the case.
When injured people seek compensation for their pain and suffering, it is always due to a need for financial assurance. The compensation can go a long way to help provide a victim with a chance to live a normal life.
What is Pain and Suffering?
If you seek compensation following an injury, there are two types of compensation that can be awarded. Special damages is the first, which is the money you will receive as compensation for medical expenses and lost wages. These are typically easy to calculate.
General damages are the not-so-easy to calculate damages. Pain and suffering falls into this category. Compensation for pain and suffering is not based on any expense you may have had or wages lost. Rather, it is calculated based on pain, emotional stress, or anxiety after the injury.
Calculating Pain and Suffering
When someone is injured, it is not easy to put a specific financial amount on the pain and suffering involved. Insurance companies do have ways to calculate general damages, however. These can give victims some restitution for their experience. One way to calculate pain and suffering is to take all of a victim’s special damages and add them up. Taking the sum and multiplying it by a figure between 1.5 (the low mark) and 5 (the high mark) will give you the pain and suffering figure insurance companies will pay out.
There are other methods, but it is believed by many law and insurance experts that this method is the most common way to decide on pain and suffering damages. Some feel that general damages should be capped in any case in the United States. However, others feel strongly against capping compensation for victims of injuries.
David Dao, the man removed from a United Airlines flight in 2017, for example, is not only seeking special damages, but pain and suffering, as well. It is expected that United Airlines will pay out millions of dollars to settle the lawsuit.
Be Honest With Your Doctors
When you have been injured, it is important to be completely honest about aches and pains with your doctor. By not reporting an injury or problem, you may not receive the compensation you deserve for it. Victims that report injuries that receive treatment can see more general damages paid out as the treatments are calculated in the final totals.
Strassburg, Gilmore and Wei can Help
The law firm of Strassburg, Gilmore and Wei can provide you with legal guidance when it comes to catastrophic injury and wrongful death lawsuits. Located in Pasadena, California, Strassburg, Gilmore and Wei, Attorneys at Law, is available to give you insight on difficult matters. Visit our webpage to see how we can help you. If you have any questions, contact us and let our experienced attorneys in catastrophic injury and wrongful death go to work for you.