After an individual experiences an accident, the body pain they endure can be life-threatening and debilitating. Physical pain can have extended effects beyond immediate outcomes, whether it’s a workstation injury, a car crash, or a slip and fall accident. Many victims are often curious whether they can seek compensation for the pain they’ve been through or not.
Damages from pain and suffering come from the injuries that a victim sustains in an accident. A car accident victim should contact an injury lawyer to guide them through the process of getting compensation for physical pain, since it is possible. One of the critical steps during this legal process is calculating compensation for pain and suffering.
Methods of determining damages for pain and suffering
Here are a few of the methods the legal system uses to assess pain and suffering damages:
- The Per Diem Method- In this type of method, a compensation rate per day for physical pain is set, which is multiplied by the number of days an accident survivor has endured and is expected to continue enduring.
- Multiplier Method- This method bases suffering and pain (non-economic) damages on a casualty’s evaluated economic damages- the sum amount multiplied by a digit between 1.5 and 5.
Determinants of pain and suffering settlement
Here are a few of the factors those involved will look at when determining the potential value for the pain a victim suffers:
- The kind of injuries
- Brutality of the pain
- The nature and location of disfigurement or scarring
- The pain affects a survivor’s life
- Time for recovery
- Probable future issues
- The victim’s age at the time of the accident
- The evidence from a lawyer
How do you prove that you suffer from pain and suffering?
As a victim, you have to prove that it’s the other driver who caused the accident and that you are suffering from the injuries. When establishing the other driver’s liability, a victim can use photos, videos, accident reports and eyewitness statements. Hiring a personal injury lawyer is vital for this step because you will be helped in proving your case since the lawyer will gather evidence and skillfully get hard evidence like surveillance in building your case.
To prove that you went through pain and suffering, you can provide proof which includes the following:
- Medical costs, including medications and treatments.
- A daily report sorting your physical limitations and pain
- Evidence that you had to stop working
- Testimonies from medical experts
How to recover compensation for pain and suffering
- When coming up with a case for a driver’s negligence that caused an accident, you will likely recover damages for physical pain. If you can only prove to suffer from it, you may get compensation for future and past medical treatments.
- Apart from the money for pain and suffering, you can also receive damages for your emotional and mental anguish. You can receive this compensation if you have evidence that your pain leads to anxiety, depression and any other psychological health condition.
- Victims can also receive compensation for how the suffering affects their capability to make a fair salary.
How much compensation can a victim recover for physical pain?
The overall sum of compensation that a victim can expect to receive as a reward depends on their injuries and situation. No exact amount can be expected to recover after an accident.
Conclusion
Recovering compensation for pain and suffering in the aftermath of an accident is possible. This is possible after proving that the other party is liable for the accident and that you are indeed suffering from the pain caused by the accident.
By Chris Bates
