When a person is injured due to the negligence of another, they may be able to file a personal injury lawsuit to recover compensation for their damages. In an individual injury case, the injured plaintiff may be able to recover both economic and non-economic damages. Economic damages have a specific monetary value, such as medical expenses and lost wages. Non-economic injuries are more subjective, including pain & suffering, emotional distress, and loss of enjoyment of life.
While non-economic damages may seem like they would be more challenging to measure than economic damages, there are a few different ways that non-economic damages can be valued. This blog post will discuss five essential facts about pain and suffering damage.
Defining Pain and Suffering Damages
Most personal injury lawsuits are filed based on the legal concept of negligence. To win a negligence-based case, the plaintiff must prove that the defendant owed the plaintiff a “duty of care,” that the defendant breached that duty, and that the plaintiff was harmed due to the breach.
In some cases, however, the plaintiff may also be able to recover damages based on the legal concept of “pain and suffering.” Unlike other types of damages, which are intended to compensate the plaintiff for specific economic losses, pain and suffering damage are intended to compensate the plaintiff for the physical and emotional anguish caused by the defendant’s actions.
Pain and suffering damage are not awarded in every personal injury case. To recover these damages, the plaintiff must prove that the defendant’s actions were egregious and irreversible.
How are Pain and Suffering Damages Calculated?
In civil litigation, pain and suffering damage are typically calculated using a multiplier method. The multiplier is derived by multiplying the victim’s actual damages (medical bills, lost wages, etc.) by a number between 1.5 and 5, depending on the severity of the injuries. For example, if the victim’s actual damages are $10,000 and the multiplier is 2, the victim would be awarded $20,000 in pain and suffering damages.
The specific multiplier used can vary from case to case and is often based on the severity of the injuries, the amount of evidence, and the jurisdiction. In some cases, pain and suffering damages may be awarded without using a multiplier. This is typically done in cases where the victim has suffered severe injuries resulting in a permanent disability or disfigurement.
Who can Receive Pain and Suffering Damages?
Pain and suffering damages are a type of compensation that may be available to those who have been injured due to the negligence of another. These damages are intended to reimburse the victim for the physical and emotional pain and suffering they have endured due to the injury.
Many factors will be considered when determining who is eligible to receive pain and suffering damage. Some of these factors include the severity of the injury, the length of the recovery process, and the impact that the injury has on the victim’s quality of life. In some cases, the victim’s family may also be eligible for damages for the loss of companionship or support.
The Role of Insurance in Pain and Suffering Damages
Insurance is an essential part of any personal injury claim, as it can cover the costs of medical treatment, lost wages, and other damages. But what about pain and suffering? Can insurance also help cover the costs of pain and suffering damage?
The answer is yes, but the amount of coverage will vary depending on the insurance policy. Some policies will cover pain and suffering damage up to a specific limit, while others will not cover them at all. It’s essential to read your policy carefully to see what type of coverage you have for pain and suffering.
If you seek damages for pain and suffering, you must talk to an experienced personal injury attorney. An attorney can help you understand the different types of damages available and can fight for the total amount of compensation you deserve.
Limitations on Pain and Suffering Damage Awards
Although pain and suffering damages are non-economic damages, there are still some limitations on how much an individual can recover from a personal injury lawsuit. Most states have a damages cap in place that limits the amount of money that can be awarded for pain and suffering. In some states, this capped amount is as low as $250,000; in others, it can be as high as $1 million.
While a damages cap may seem unfair, it is essential to remember that pain and suffering damage are not meant to compensate an individual for their actual losses. Instead, they are designed to punish the at-fault party and deter them from engaging in future negligent behavior. Suppose you have been injured in an accident. In that case, speaking with an experienced personal injury attorney is essential to learn more about the damages you may be entitled to recover.
In conclusion, pain and suffering damages are essential to understand if you have been injured in an accident. These damages can be substantial and are often the most significant part of a personal injury settlement.
Suppose you have been injured in an accident. In that case, you must visit and contact us at Garcia and Phan Southern California Personal Injury Lawyers (714-586-8298) to learn more about your rights and options.