Individuals who have experienced a severe toothache understand the concept of the term, pain, and suffering. There is the physical pain that can run from mild to excruciating and suffering which includes emotional distress; in the case of an accident or injury, this can take on many forms. Putting a price tag on an experience like that is not an easy thing to do, but it is necessary when you have suffered injury through the actions of another person.
Pain and Suffering as a Legal Term
According to the legal dictionary, pain and suffering is, “the physical and mental distress suffered from an injury, including actual broken bones and internal ruptures, but also the aches, pain, temporary and permanent limitations on activity, potential shortening of life, depression, and embarrassment from scarring . . . ”
When you sue for general damages after being injured through the negligence of another person or attacked and hurt by someone, pain and suffering is included along with other things. Most of the damages or losses you incur can be calculated. Medical bills, lost wages, etc. have a monetary value that can be added up. Pain and suffering, on the other hand, is more complicated.
Physical and Mental
The physical pain one experiences after an accident may be visible. Broken bones, lacerations, surgeries, these are visible indications of an individual’s pain. Less obvious is the mental pain and suffering one endures. The trauma of the event can have far-reaching consequences. As the legal definition of pain and suffering points out, legally this term includes such things as depression and embarrassment from scarring. Post-traumatic stress disorder, loss of sleep, and other changes due to mental anguish also fit into this category.
Accidents do not only affect the people involved. They can also derail the lives of those who are close to the victims. In cases where a person loses their ability to be a contributing member of the family, everyone suffers. It is not easy to calculate the monetary value of these things.
Calculating the Dollar Value
There is no specific way to monetize the pain and suffering one endures after an accident. Many things go into deciding the final amount of compensation for pain and suffering. There is a formula that can be used: the “multiplier” concept takes into consideration the amount of special damages and multiplies that amount by anywhere from 1.5 to 4 times to reach a figure for pain and suffering; however, this is subjective. Juries have to use their common sense when awarding damages for pain and suffering.
Because the system is imperfect and subjective, hiring an experienced lawyer is important. The Maison Law Firm works on the client’s behalf to bring about fair compensation. Serving the communities of Visalia, Merced, Bakersfield, and Fresno, we provide experienced, compassionate legal services with a commitment to a fair and favorable outcome for our clients. Schedule a consultation with us by calling 559-203-3333 or contact us via email at martin@maisonlaw.com.
