Pain and suffering is one of the main types of damages you may receive if you have been personally injured in an auto accident, slip and fall accident, or other accident that was not your fault. Of course, before you can receive damages for such an accident, it’s important that you contact an experienced and reputable personal injury law firm New York. Only the right personal injury lawyer will be able to help you receive the compensation you deserve for your injuries, medical bills, and pain and suffering.
Before diving straight into how pain and suffering is calculated in a personal injury case, let’s first take a look at what pain and suffering actually is.
What is pain and suffering?
Pain and suffering is a legal term, and it refers to monetary compensation for exactly what the name implies: the stress of the physical and emotional pain and suffering from an injury.
In a personal injury case, someone is injured, and it was not their fault. This person becomes the plaintiff who sues the defendant for damages. The plaintiff is suing the defendant because they feel entitled to payment for their medical bills and for their pain and suffering.
In other words, they are suing the defendant to pay for the cost of their injuries, but they are also suing for monetary compensation to take care of the stress, worry, fear, inconvenience, and loss of enjoyment they’ve incurred because of their injuries. After all, experiencing a broken leg, a brain injury, the stress of surgery, or other physical or emotional ailments can be extremely difficult.
Calculating pain and suffering
It goes without saying that putting a dollar amount on pain and suffering is difficult. And as it turns out, there are not strict rules set aside for determining pain and suffering amounts. However, insurance companies tend to consider the following when they make decisions about pain and suffering in personal injury cases:
First, the most typical method to calculate pain and suffering is to multiply the lost wages and medical bills from the accident by a specific number. This number is typically between one and five and will depend on how severe the injury was.
There is also a per diem method (“per day” in Latin). In this case, there is a set amount that is assigned for every day that the accident affected the individual’s life until they achieved maximum recovery.
When to contact a personal injury law firm New York
If you have recently been injured in an accident that was not your fault, you’ll naturally have a lot of medical bills to pay while also struggling with other injuries. Furthermore, you may lose wages and even lose your job completely because of your injuries. A personal injury law firm New York can help you bring your case to court and get the compensation you deserve for your injuries and pain and suffering.