What Is a Fair Settlement for Pain and Suffering?

Though common compensatory damages include medical bills, repair costs, and money for lost wages, lawyers can argue for more. Pain and suffering can also count as damage caused by personal injury.

If you are searching for a pain and suffering lawyer, Hoffman Legal Group, LLC can help. We present this article to explain what pain and suffering are in legal terms and potential compensation.

Legal Definition of Pain and Suffering

In legal terms, pain and suffering refer to stress and psychological trauma caused by personal injury to you or your family members. Though physical pain falls under this umbrella term, anxiety, distress, and emotional trauma should also be taken into consideration.

For example, an accident may cause mental trauma through nightmares, depressive episodes, and/or triggers. Emotional pain and suffering are evaluated case-by-case.

How to Calculate the Damages

Professionals evaluate potential compensation for pain and suffering by using a variety of factors, such as:

● State laws
● The gravity of the injury and time to heal
● How the injury impacted your job, life, or relationships
● The accident that caused the injury
● Medical treatment and bills

To prove pain and suffering, you must file an insurance claim. Your personal injury lawyer and/or insurance company may then use the multiplier, daily rate, or another method of calculation.

Multiplier Method
The multiplier method is the most common. First, your pain and suffering lawyer finds the value of economic damages sustained. Then, they multiply by one, two, three, four, or five, depending on how severe or life-altering the injury was (five is most severe).

Here is a theoretical example:

A motorcycle driver experienced an accident in an intersection. Witnesses provided statements that prove the motorcycle operator was the victim.

The motorcycle driver sustained several injuries, and their medical bills totaled $6,000. They must also take three weeks off work to recover, meaning they lost approximately $3,500 in wages. Perhaps the sustained damages deserve a multiplying factor of three.

The equation is thus:

$6,000 + $3,500 = $9,500 x 3 = $28,500

The victim of the motorcycle accident should thus receive $28,500 to cover medical expenses, lost wages, and pain and suffering damages.

Daily Rate (Per Diem) Method
A professional determines the number of days you experienced pain and suffering. They assign a daily monetary rate appropriate to the suffering, then multiply by the number of days you endured it.

How to Provide Evidence of Pain and Suffering

An experienced attorney can best help you provide hard evidence to support a pain and suffering claim. However, you must collect documentation throughout the various steps of your case.

Make sure to (if applicable):
● Submit a police report
● Gather medical bills
● Get a statement from a doctor about your injuries
● Retrieve witness statements
● Take photos of the accident
● Record communications of your distress during the event
● And more

Though gathering evidence may seem like a daunting task, hiring a knowledgeable attorney takes much of the burden off your shoulders.

Hire a Pain and Suffering Lawyer Near Cleveland, OH

If you feel that your personal injury caused more than just physical damage, contact a pain and suffering lawyer. The trustworthy attorneys at Hoffman Legal Group, LLC boast 50 years of combined legal experience and have helped over 5,000 clients.

At Hoffman Legal Group, we believe in fighting for justice so your case is not just another failed statistic. Call our Beachwood, OH, location at (216) 292-5200 for help. You can also fill out a free initial consultation form online today.