Accident Injury Settlement: Calculating Pain and Suffering

Pain and suffering is a vital part of an accident injury settlement. A pain and suffering award is meant to compensate an accident victim for the non-economic losses he suffered and is reasonably expected to suffer as a result of the defendant’s negligence.

What Constitutes Pain and Suffering?

Pain and suffering is usually viewed as the physical and emotion pain and distress which accompany broken bones, cuts, bruises, lacerations, internal injuries, and the medical and surgical procedures required to treat those injuries. Pain and suffering also includes the embarrassment caused by scarring and permanent disfigurement, psychological pain, such as depression and post-traumatic stress disorder, and the potential shortening of life.

What Factors Influence the Pain and Suffering Component of an Accident Injury Settlement?

There are a variety of factors which may influence the pain and suffering component of an accident injury settlement. These factors include:

Whether the plaintiff immediately sought medical treatment for his injuries;
The severity of the plaintiff’s injuries;
Whether the injury resulted in permanent disfigurement, paralysis, or the loss of a limb;
The likelihood the plaintiff will fully recover from the injuries;
The degree of pain associated with the plaintiff’s injuries;
The degree of pain associated with the medical treatments and procedures received by the plaintiff;
Whether the plaintiff has a high tolerance for pain;
The impact of the injuries on the plaintiff’s daily life and activities;
Whether the injuries prevent the plaintiff from ever working;
Whether the injuries prevent the plaintiff from returning to previous his job or profession;
Whether the injuries require long-term medical treatment;
Whether the injuries require the plaintiff to take pain medications;
Whether the plaintiff followed the prescribed course of medical treatment;
Whether the plaintiff’s actions are consistent with those of a person who is in pain;
Whether the plaintiff has filed other personal injury lawsuits in the past;
The plaintiff’s credibility as a witness;
The credibility of other witnesses; and
The legal skills and reputation of the plaintiff’s attorney.

The factors which impact a pain and suffering award are largely subjective and intangible. For these reasons, calculating a pain and suffering award is much more difficult than calculating the economic damages component of an accident injury settlement.

Getting Legal Help

Negotiating an accident injury settlement requires the knowledge and expertise of a personal injury attorney. Personal injury attorneys are familiar with the way insurance adjusters view accident injury claims and the tactics they use to try to force accident victims to accept less than fair compensation for their injuries.

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