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Pain and suffering is a broad legal term that can encompass many aspects of injury, particularly when caused by someone else’s negligence or negative actions. There are a number of types of pain and suffering that can be quantified in order to gain fair and just compensation in court.

What does pain and suffering mean legally?

Personal injury can refer to an injury to the body, mind, or emotional suffering. Some typical examples of pain and suffering that make it to court include the loss of a loved one, the loss of the enjoyment of your life, damage to your reputation, the loss of companionship, and emotional distress.

Pain and suffering from an injury

Serious injuries from car accidents, slips and falls, medical malpractice, and other incidents are going to involve a lot of medical bills and medical reports, but it may also involve the more complex emotional trauma and emotional distress.

Practical concerns may also be factored into calculable suffering. For example, the loss of a limb could very well render an individual unable to work. While that can be more readily calculated, what about the loss of enjoyment from, say, no longer being able to play a certain beloved sport or pursue hobbies that are important to you?

Wrongful death pain and suffering

In cases where one must sue to claim pain and suffering for another individual or company’s negligence that causes the death of a loved one, there is the added complication of potentially suing for suffering on behalf of multiple one. There may be the pain and suffering of the deceased, particularly if their death was especially painful, drawn out, and racked with complications and suffering.

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There is also the pain and suffering of the plaintiff’s loss of a loved one. How is this determined? It depends in large part on the nature of your relationship to the deceased. The highest cost settlements or awards in these situations will usually go to the parents of deceased minor children, as well as to the minor children of deceased parents.

Factors to consider in this type of pain and suffering include things like the loss of mentorship and financial support, as would be the case with the death of a parent to a young child. The loss of companionship is an even more difficult to calculate loss for partners of individuals who died due to another’s negligence or harm.

How pain and suffering damages are calculated

There are two methods that ma

y be used to calculate pain and suffering damages: the per diem, or per day, method, and the multiplier method.

The per diem method typically uses how much money you earn each day to determine the amount you should get for pain and suffering based upon this rate multiplied by the number of days you had to live with your injury. For example, if you make $100 per day and you suffer from your injury for 30 days, the value of your pain and suffering would be $3,000. This is not the best method to use if you have injuries that will involve a lengthy recovery or if your injury is permanent.

The multiplier method is a better option when you’re dealing with long-term or permanent injuries. Using this method, a number between one and five is selected based upon the severity of the injury. For less-severe injuries, the number will be lower. For more serious injuries, the number will be higher. Pain and suffering damages are then calculated by multiplying the total monetary damages by this number. For example, if your damages are $1 million and the multiplier is five, your pain and suffering damages will be $5 million.

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If you’ve been injured in a situation where insurance is involved and the insurance coverage does not cover all of your medical expenses or pain and suffering costs, then you should give serious thought to hiring an attorney and bringing suit. Many attorneys will offer brief consultations for free to consider your case and let you know if you have a good chance of success.