Pain and Suffering Lawyer

Pain and Suffering Law Firm

Types Of Pain and Suffering

Pain and suffering often fall into two categories:

• Mental pain and suffering
• Physical pain and suffering

Mental pain and suffering can be challenging to prove. In this category, pain and suffering involves the negative emotions the accident victim is experiencing due to the injuries they sustained and how it has impacted their life. Mental pain and suffering can include anxiety, stress, depression, humiliation, fear, and distress. In serious cases, mental pain and suffering can also cause physical effects such as aggressive behaviors, digestive issues, sexual dysfunction, sleep disturbances, and more.

Physical pain and suffering involves the level of pain and discomfort the accident victim suffers due to the injuries they sustained.

How Can a Pain and Suffering Attorney Help?

If you were seriously injured in an accident that was caused by the negligence of another, you may be eligible to file a personal injury lawsuit and hold the at-fault party accountable for both economic and non-economic damages. While you can attempt to pursue damages for pain and suffering on your own, you will find it challenging and frustrating to prove your demand for compensation, without the help of an experienced pain and suffering attorney.

At Parker Waichman LLP, our pain and suffering lawyers can help during this challenging time, in many ways. They know what it takes to prove pain and suffering damages and will go above and beyond to ensure you recover the compensation you deserve.

 While you focus on your recovery, an attorney on our legal team will:

• Investigate your accident
• Gather evidence that can prove liability and your demand for compensation
• Interview witnesses
• Hire experts to uncover the truth and accurately value your damages
• Help you document your pain and suffering to prove to the court your demand for compensation
• File a lawsuit
• Negotiate with the defense attorney
• Represent you in court

In some states, before you can initiate legal proceedings, you must prove that the injuries you suffered meet the state’s serious injury threshold. This will involve demonstrating that the injuries you suffered significantly impacted your life for a minimum of three months or that your injuries resulted in a permanent impairment. 
If you meet the criteria, you’ll also need to provide evidence. Your pain and suffering lawyer can help you gather the evidence you need to prove that your injuries caused physical pain and emotional anguish. 

Evidence can include a journal that you used to document your pain levels throughout the day, how your injuries impacted your life, the medical treatment you have been receiving, and other ways you have been affected by your injuries. You can also obtain statements from family and friends who have witnessed how your injuries have impacted your life and how the injuries have contributed to your discomfort, physically and emotionally.

Establishing Liability

To pursue compensation for pain and suffering, your attorney must establish that the other party’s negligence caused you harm.

This can involve demonstrating:

• You sustained injuries
• The injuries you sustained resulted in chronic or recurring pain
• The pain and suffering you experienced significantly affected your quality of life
• The accident was the result of another’s negligence or recklessness

Calculating Pain and Suffering Damages

The multiplier method or the per diem method are commonly used to calculate non-economic damages.

Multiplier Method

When using the multiplier method, the accident victim’s medical bills are used as the basis for determining the value of damages. The multiplier value used ranges from 1.5 to 5. The value used depends on many factors, including the severity of the injuries, the long-term effects the injuries have had on the accident victim’s mental health and physical health, and the length of the accident victim’s recovery. A higher multiplier is used for accident victims who have sustained serious injuries that will result in lifelong complications. 

Higher multipliers are often used if:

• There’s strong evidence that proves the severity of the accident victim’s injuries and the other party’s fault.
• The other party was 100% at fault for the accident.
• The accident victim suffered a physical disfigurement.
• The injuries suffered caused pain, discomfort, weakness, or limited motion.
• The injuries had a significant psychological impact.
• The injuries sustained significantly disrupted the accident victim’s daily life.

Per Diem Method

The other method used to calculate pain and suffering damages is called the per diem method. Unlike the multiplier method, which uses medical bills as the foundation for determining the value of pain and suffering damages, the per diem method will use the length of recovery. A defense attorney or claims adjuster will determine the per diem amount based on many factors, such as the long-term effects of the injuries and the severity of the injuries.

The amount will be higher for more severe injuries that substantially disrupt the accident victim’s daily life. To obtain the value of damages, the value of per diem is multiplied by the number of days it took the accident victim to recover, beginning from the date of the injury to the end of the accident victim’s recovery period.

Contact Us Today

If you were injured in an accident that resulted in significant physical and emotional pain and suffering you must take legal action as soon as possible. At Parker Waichman LLP, our pain and suffering lawyers can help you file a lawsuit and prove your demand for pain and suffering damages. Our legal team has extensive experience handling these types of complex cases and knows what it takes to help you recover the compensation you’re owed for an accident that was not your fault. Contact us today to schedule a free consultation to learn more.