Estimating the Value of a Pain and Suffering Settlement

Personal injury lawsuit settlements can be very subjective, so a specialized attorney should always be consulted.

Calculating the amount of money that one deserves from a pain and suffering lawsuit can be very difficult. This is because the amount of damages can be difficult to determine, and because the pain and suffering usually happens over a long period of time and in private. You will need a personal injury lawyer to help you determine the amount of money you should be asking for based on economic, non-economic, and punitive damages.

Economic damages

Economic damages are the first group of damages you should consider. Economic damages deal with the actual monetary loss suffered as the result of the accident and will be part of the pain and suffering settlement. Economic damages will include things like lost or diminished wages, and cost now and in the future on doctor and medical bills. The economic damages can even include things like having to alter one’s house for limited mobility use, and if one has had to greatly alter their life. A lawyer will determine this amount by looking at how much one has spent and then project amount of money that one will lose or spend on care until they have completely recovered and while they are still injured.

Non-economic damages

Non-economic damages are the kinds of damages that did not directly cause one to lose money. This specifically relates to the pain and suffering that one felt as the result of the harm caused to them. This will include the direct physical pain, and the mental anguish that came from it. It can even include things like a person being unable to spend quality time with their friends and family, and if they had to give up a much-enjoyed hobby. A lawyer will use a combination of doctors’ opinions, and an analysis of the amount of pain one is in to come up with an amount. Lawyers will often look at comparable cases to see the amount that is needed. The amount of time one will be in pain does factor into this equation.

Punitive damages

Punitive damages are the amount of money that is requested in order to punish the wrongdoer for causing the harm. This can be designed in order to prevent the act from happening to other people in similar situations, to get the actual wrongdoer to fix unsafe conditions, and to give the injured person a sense of justice. Punitive damages are calculated by looking at the overall value of the wrongdoer. This can include the personal wealth of an individual, or the value of a business that caused harm. The amount of money is designed to be harmful to the wrongdoer. In some cases, punitive damages will include a clause to drop the damages if the wrongdoer fixes the problem that caused the injury, or if they set up a fund to help other people who may have been injured.

If you or a loved one has been involved in a personal injury situation you may have a lot of questions about filing a pain and suffering lawsuit. LAWQA provides help with mental anguish lawsuits and provides answers to the most asked questions. After you have some basic answers, consult an attorney for a free or low-cost legal consultation.