How is Pain and Suffering Calculated?

Oct 25, 2019 Car Accidents    Legal Blog    Ohio Personal Injury

Posted by: Kisling, Nestico & Redick, LLC

An accident caused by another party’s negligent actions may leave you with serious damages and losses. In addition to economic harm, like medical bills and lost wages, you may face non-economic damages like pain and suffering.

What exactly is pain and suffering? Essentially, it’s a legal term that refers to the physical, psychological, and emotional stress that often arises after an accident. Since there is no bill or receipt you can use to prove how much pain and suffering you’ve experienced, you may be wondering how pain and suffering is calculated. We can help you with that.

If you’ve been hurt in an accident that was not your fault, reach out to our experienced Ohio personal injury lawyers at Kisling, Nestico & Redick. We can help calculate your pain and suffering and ensure you receive the maximum compensation you may deserve.

Call us at 1-800-HURT-NOW today to set up a free, no-risk consultation.

What are the Elements of Pain and Suffering?

Pain and suffering is considered a non-economic damage. This means there are several elements to evaluate when awarding compensation. You will need to prove that the accident in question did the following.

  • Interfered with your daily life.
  • Made it more difficult for you to enjoy life.
  • Took away your ability to work and provide for yourself and your family.
  • Caused current and on-going physical pain.
  • Caused you current and on-going mental anguish.

Methods Used to Calculate Pain and Suffering

A lawyer can help you calculate the fair value of your pain and suffering. They may use the multiplier method, which takes a number between 1.5 and 5, based on how severe your injury is and multiplies it by how much it will cost to treat your injury.

For example, if a broken leg after a car accident left you with a $4,000 medical bill and it is established that the severity of your injury is a 2, your pain and suffering value would be $8,000.

The most common factors considered when calculating pain and suffering include the severity of your injury, type of medical treatment you require, the length of your recovery, and how the injury has impacted your daily life.

How to Prove Pain and Suffering

Proving pain and suffering can be a challenge. However, it can be done. Let’s say, your injuries have prevented you from dancing, a hobby you’ve enjoyed for years. You can show x-rays of your broken foot and document how it affects your daily life by writing down that it makes it difficult for you to get around, take care of household tasks and your children, and enjoy activities you used to like dancing.

You may also reach out to your dance teacher, friends, and family members and ask them if they’re willing to share how your injury has left you with pain and suffering. The ideal types of evidence used to prove pain and suffering include:

  • Your doctor’s testimony of how the injury will affect your current and future life.
  • Any prescriptions you are taking for pain or depression.
  • Testimony from your loved ones about the impact of your injury.
  • Your personal documentation of your daily pain and suffering.

Contact Kisling, Nestico & Redick

If you’ve been hurt in an accident that was caused by another party’s negligence, call Kisling, Nestico & Redick at 1-800-HURT-NOW right away. We can take a close look at your unique case and help you calculate and prove pain and suffering.

Consultations are free and there is no risk because you owe nothing unless we recover compensation.

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