When an individual is injured as a result of the fault of another driver, it is possible for the injured person to file a personal injury lawsuit. An important aspect of personal injury claims is whether an award for pain and suffering is granted. Pain and suffering awards often comprise the most significant portion of damage awards.
Defining and Calculating Pain and Suffering
Pain and suffering is a type of non-economic damage, making it difficult to calculate because it cannot be quantified. Physical pain and suffering describes an individual’s physical injuries, such as discomfort. Mental pain and suffering comprises the emotions that result from physical pain or trauma related to the wreck.
As a result of pain and suffering being subjective, it is frequently difficult to value or calculate. People often have different reactions to the same type of injury. Further, jurors tasked with determining what the award should be may view an individual’s pain and suffering differently from how the injured person views it. Because of the subjective nature of pain and suffering, judges in these cases often instruct the jury to use their best judgment to value the injury. In other words, there is no predetermined formula in valuing pain and suffering.
Some pain and suffering awards will contain what is known as a multiplier. In cases where a multiplier is used, the pain and suffering award is calculated by multiplying the total medical bills and lost earnings (known as the special damages) by some multiple, which is usually no higher than four. For example, if special damages are determined to be $50,000 and the multiplier is two, the pain and suffering award would be $100,000.
Some of the factors that impact the pain and suffering award amount include, but are not limited to:
- The severity of the injury and crash;
- Whether the jury finds the plaintiff credible and likeable;
- Whether the testimony of the plaintiff relating to his or her injuries remains consistent throughout the trial; and
- Whether the opinion of the plaintiff’s health care professional supports the claims of pain and suffering.
Due to the subjective nature of pain and suffering, the amount and detail of evidence presented is often critically important. This is particularly true of mental pain and suffering, which is harder to understand or see than physical pain and suffering. A person who is able to describe in detail the effects of their pain and suffering is more likely to be successful. While this may be difficult for some plaintiffs because it involves sharing personal feelings and emotions, it is very important in personal injury claims.
Help for Car wreck Victims
If you would like more information about potential claims arising out of a car wreck, contact an experienced Fayetteville attorney Jonathan Wade today. We look forward to discussing how our firm can help you.