There is no way to know how much your pain and suffering damages might be worth early in your case. It depends greatly on the injuries you’ve suffered and how they’ve affected your everyday life. Generally, more serious injuries warrant higher pain and suffering payouts.
When you hire a personal injury lawyer, they can use their knowledge and experience to estimate a possible value for your pain and suffering damages based on case facts. They know how the insurance industry, courts, and others calculate possible values for intangible losses and can use their knowledge to seek maximum compensation for their clients.
What Are Pain and Suffering Damages?
Pain and suffering are intangible losses a victim suffers in a personal injury case. The recoverable damages in these cases can include current and future economic losses and non-economic losses. These non-economic damages are sometimes called “pain and suffering.”
They include the physical and emotional pain endured by an accident victim because of their injuries, treatment, and lasting effects. By their very nature, these losses do not have an economic value. They are intangible. However, the only way a victim can hold a liable party accountable is through a cash payout. For this reason, it is necessary to determine how much a victim’s pain and suffering is worth monetarily.
No amount of money will take away the memory of what happened to you or lessen the pain you endured. This is especially true for those now living with lasting disabilities, disfigurement, or scarring. Recovering financial compensation for these non-economic damages is the best option available through the civil courts.
How Do I Know How Much My Pain and Suffering Is Worth?
Pain and suffering don’t have a monetary value. This makes it difficult to know how much your pain and suffering might be worth after an injury incident. However, you must value them before you can negotiate for a fair settlement in your case. Without understanding how much your case might be worth, you could settle for far less than you deserve.
Insurance companies assign their own values to these losses. They often use computer programs to determine a possible value, which generally undervalues the effect your injuries have had on your life. Your attorney can use other accepted techniques to calculate a possible settlement range. These techniques consider your other damages, how long you could not participate in activities, and other factors.
With this range established, your lawyer can add the value of your economic damages and seek a fair payout in your case. They can demand compensation from the insurer, presenting them with evidence and documentation of your damages. This usually begins negotiations. Most cases end with a negotiated settlement.
Apart From Pain and Suffering, What Other Damages Are Recoverable?
Pain and suffering and other non-economic damages often make up a considerable portion of the payout in a personal injury case. However, they are not the only recoverable damages for victims. There are many economic damages available as well.
To document the value of these damages, you’ll need to gather medical bills, receipts, and other paperwork. If you hire an attorney, they could call in experts to help establish an accurate value for your damages, too.
Some examples of recoverable damages in personal injury cases include:
- Medical treatment and related care costs (both current and future)
- Income losses from missed time at work
- Reduced earning ability for lasting injuries
- Property damages
Except for your pain and suffering damages, all other recoverable damages should have supporting documentation. Your attorney can use this as evidence to show how much the liable party’s negligence cost you in expenses and economic losses. This is necessary whether you negotiate a settlement with the insurer or take the case to trial.
How Can an Attorney Help Me Recover Pain and Suffering Damages?
Working with a personal injury lawyer on your case is the best way to ensure you understand how much your pain and suffering are worth and recover fair compensation for it. An attorney can estimate a fair settlement range for your damages and seek a payout from the insurance company based on that. This process includes:
- Managing all communication with the insurer and other parties
- Investigating what happened and gathering evidence
- Identifying the liable party
- Building a compelling case to show negligence and liability
- Estimating a fair settlement range
- Negotiating with the insurer as needed
- Suing the liable party if necessary
- Representing your best interests throughout this process
- Offering guidance and counsel from start to finish
Determining a fair settlement value for a personal injury case is difficult for victims to manage on their own (even in fairly straightforward cases where future treatment or care expenses are unlikely). These cases are often worth more than the victim believes. This could lead them to accept a lowball offer from an insurance company or otherwise settle for less than they deserve.
Having a lawyer on your side can prevent you from falling into this trap. They can help you sue if the insurance carrier refuses to agree to a fair payout or other issues arise.
Most personal injury law firms charge no upfront fees. Instead, many lawyers work based on contingency. They do not charge victims by the hour or ask them to pay a retainer. The attorney receives a portion of the payout recovered in the case. They don’t get paid if they don’t secure payment for you.
Discuss Your Pain and Suffering With Our Team and Discover Your Options For Free
At GED Lawyers, our team provides free case evaluations for victims hurt by someone else’s negligence. We serve all parts of Florida and Massachusetts and can review your case with you if you suffered injuries within our service area.
Contact us today by calling or using our online form.