One of the major types of monetary compensation that could stem from a truck accident case is pain and suffering damages. Calculating pain and suffering damages after a truck accident can be challenging given that physical pain is subjective. There are no hard numbers attached to these injuries, and pain can impact people in different ways.
If you are unsure about how to calculate pain and suffering damages following a truck accident, our firm could help. Our attorneys could help you make a clear case for how the pain you are facing will impact the rest of your life.
For a free legal consultation, call (800) 747-3733
Understanding Pain and Suffering Damages
Pain and suffering damages are a form of non-economic compensation. That means they are subjective losses that cannot be directly measured in an objective way.
In total, there are two types of pain and suffering damages: physical and mental suffering. Physical pain and suffering refers to the physical pain caused in a truck accident. Mental pain and suffering refers to the emotional distress and hardships that can follow a truck accident. Some examples of mental pain and suffering could include:
- Emotional distress
How the Court Calculates Pain and Suffering Compensation
There is no uniform schedule of compensation available for pain and suffering damages. Instead, the value of a pain and suffering case will vary depending on the facts. Given this variance, it is vital to have legal representation. We can advocate on your behalf.
Courts typically come up with the amount of a monetary award based on something known as a “multiplier method.” Using this method, a judge or jury bases the value of pain and suffering compensation on a multiple of the plaintiff’s medical expenses.
For example, a jury could award a plaintiff $40,000 in pain and suffering damages as a multiple of $20,000 in medical bills. Often, severe injuries will result in a greater multiple when determining pain and suffering compensation. There are other factors the court could use to establish the value of pain and suffering beyond the amount of medical bills. These factors include:
The Severity of the Injury
The more severe an injury is, the greater the amount of pain and suffering compensation might be available. It is important to note that this factor could differ from the amount of medical bills accrued.
In some cases of severe injury, the amount of medical bills could be low given that there is little a doctor could do to address the injury. Permanent injuries are often given significant consideration.
In addition to the severity of an injury, a jury could also consider the amount of time needed to recover from an injury. Even when an injury is less severe, a lengthy recovery could be drawn-out and painful.
Quality of Life Impact
The way an injury impacts your quality of life is also important. If you are unable to enjoy many of the things in life you previously would have due to your pain, it could be an important factor in determining the value of your pain and suffering damages.
Evidence That Could Support a Pain and Suffering Case
Just like with any other type of compensation, there are certain types of evidence that could help prove a pain and suffering case. While people experience pain in subjective ways, there are objective forms of evidence that could help bolster a case for pain and suffering compensation.
One of the most powerful pieces of evidence in these cases is a pain journal. A pain journal is used by the injured party to document the extent of their pain in the aftermath of a truck accident. Many people continue maintaining these journals for years after an accident.
These journals provide helpful insight to a judge or jury into the plaintiff’s pain. The journal could establish an objective look into how the pain impacted their life. This could include examples like how severe pain prevented the plaintiff from participating in organized sports or even sleeping comfortably due to their pain. Other forms of evidence could include:
- Testimony from family members regarding a plaintiff’s physical limitations
- A doctor’s note regarding pain diagnosis
- Victim testimony
- History of pain medication
- Medical expert testimony
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Discuss Your Pain and Suffering with Our Team Today
There is no perfect way to calculate pain and suffering damages after a truck accident. To get the fair compensation you deserve, you could benefit from the guidance of one of our attorneys who understands how to secure these damages.
The Law Offices of Anidjar & Levine could help you receive your fair pain and suffering compensation following a truck accident. To learn more about how we could help, call 1-800-747-3733 for your free consultation today.