In a personal injury case, “pain and suffering” refers to the physical and emotional distress experienced by the injured person as a result of the truck accident. It encompasses a wide range of subjective experiences, including:
Physical Pain: This includes acute pain, chronic pain, and any ongoing discomfort caused by the injuries.
Emotional Distress: This can include anxiety, depression, fear, anger, frustration, and other psychological impacts of the accident and injuries.
Loss of Enjoyment of Life: This refers to the inability to participate in activities that were previously enjoyed, such as hobbies, sports, social events, and family activities.
Disfigurement: If the injuries result in visible scars or disfigurement, this can have a significant emotional impact.
Loss of Consortium: If the injuries impact a married couple’s relationship, this can also be considered a form of pain and suffering.
How Juries Decide on Pain and Suffering Awards?
Determining a fair amount for pain and suffering is subjective and challenging. There’s no precise formula. Juries typically consider a variety of factors, including:
Severity and Duration of Pain and Suffering: The more severe and long-lasting the pain and suffering, the higher the potential award.
Nature and Extent of Injuries: The type and severity of the injuries play a significant role. Serious injuries, such as traumatic brain injuries or spinal cord injuries, will generally result in higher awards.
Age and Life Expectancy: Younger individuals with longer life expectancies may receive higher awards than older individuals.
Impact on Daily Life: The extent to which the injuries have impacted the injured person’s daily life, including their ability to work, socialize, and enjoy hobbies.
Medical Evidence: Medical records and expert testimony can provide valuable insights into the nature and severity of the injuries and their impact on the injured person’s life.
Testimony of the Injured Person: The injured person’s own testimony about their pain, suffering, and emotional distress can be very powerful.
Methods for Calculating Pain and Suffering (Used by Attorneys, Not Always by Juries). While not a precise science, attorneys may use certain methods to help estimate a reasonable range for pain and suffering damages:
Multiplier Method: This method multiplies the plaintiff’s economic damages (such as medical expenses and lost wages) by a multiplier (e.g., 1.5 to 5 times) to arrive at a figure for pain and suffering.
Per Diem Method: This method assigns a daily or weekly value to the plaintiff’s pain and suffering and then multiplies that amount by the number of days or weeks of pain and suffering.
In order to ensure you received the amount of money you are entitled for your injuries and damages, it is important to contact the Gladish Law Group and speak with our experienced and local attorneys.