When you pursue a claim for a personal injury case, a part of the settlement you receive will be for “pain and suffering.” Let’s look at what that means.
Are There Different Types of Pain and Suffering?
Two types of pain and suffering that can result from having sustained a personal injury. There is physical pain and suffering, and there is mental pain and suffering. Sometimes, the physical pain causes the mental anguish. Depending on your injuries, your emotional suffering can be worse than the physical pain at times.
Is There a Limit to How Much I Can Be Awarded?
There are only two states that put a limit on the amount you can be awarded for pain and suffering. California is one of them, and Ohio is the other. The maximum you can receive in a personal injury case for pain and suffering is $250,000, over and above actual financial damages.
How is the Amount for Pain and Suffering Calculated? Is There a Formula?
As a rule of thumb, all the actual economic losses are added up and multiplied by whatever the jury decides the multiplier will be. This multiplier is usually between 1.5 to 5. This amount is considered acceptable for pain and suffering.
There are several factors that the jury will take into consideration when determining what the multiplier will be in your case. First, does it make sense that you filed the claim? Is your pain and suffering real, or exaggerated? Do you seem honest and credible? Do you have your records at hand and in order?
This may seem a bit subjective, and it is. It’s important to know the ins and outs of a personal injury case, and what to expect as you move through the different phases. If it seems like too much to deal with, hire a personal injury attorney, local to your area. They will be able to guide you through the process, and you can focus on your recovery.
There are a few other factors that may affect your settlement amount. They will look at the type of injuries you sustained in the incident. Do you have a bruised elbow, or do you need back surgery? How long will it take you to recover from your injuries? How extensive are the injuries that you have experienced?
Do I Have to Prove Negligence?
Yes, to file a successful personal injury case, your injuries can be proven to be the result of someone’s negligence or carelessness. Therefore, it’s important to have all your documents relating to the injury in order. When you work with a California personal injury attorney, they will help to build the case for negligence.
If your case is settled without going to court, your lawyer estimates the value of your case and comes up with an acceptable settlement figure. Then the other side formulates their number that they are willing to pay. These numbers are negotiated back and forth until a settlement is decided. If negotiations break down, and no agreement is reached, then the next step is to take the case to trial.
If you have been injured, and your injuries are the result of someone else’s negligence, seek legal advice from a personal injury attorney. This is the best way to make sure that you get the settlement you deserve.