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What is ‘Pain and Suffering’ in a Personal Injury Case?

Pain and Suffering Damages in Peabody, MA

When it comes to personal injury cases, it is common knowledge that the plaintiff seeks compensation for damages sustained in the accident, be it a car, motorcycle, or truck accident. Among the damages, one can seek to include medical bills, lost wages, and pain and suffering. Medical bills and lost wages are quantifiable, but what classifies pain and suffering?

Pain and suffering, in general, pertain to two concepts, the physical and the mental. It is quite a complicated legal concept that would require the assistance of a personal injury lawyer from Peabody law firm The Law Offices of Barry Feinstein. A lawyer can help you understand the calculation process of pain and suffering and help you get properly compensated for your personal injury case, whether it’s an auto accident, wrongful death, or birth injury case.

Schedule a consultation right now with The Law Offices of Barry Feinstein & Affiliates, P.C. The law firm’s attorney has over 25 years of legal experience in various areas of personal injury, from vehicular accidents to workers’ compensation. The firm’s commitment is to provide clients with aggressive representation, fighting the big insurance companies to help them get the compensation they deserve for economic damages. Reach out to an attorney from The Law Offices of Barry Feinstein & Affiliates, P.C., right now.

What Counts as Pain and Suffering?

Personal injury cases are always terrifying. Nothing compares to the anguish one feels due to their injuries, the diminished quality of living they have experienced due to their condition, and the piling of medical bills and missed wages due to the inability to work. This can leave any accident victim feeling traumatized. In order to get their lives back on track, they need the rightful compensation for every damage, and this includes pain and suffering.

To succinctly define it, pain and suffering pertain to the physical and emotional distress one develops as a result of a personal injury accident. Damages under this category may vary, ranging from aches and pains to potential shortening and diminished quality of life that leads to depression. If you are in need of compensation for pain and suffering damages in Massachusetts, there is no other place to go than to a seasoned personal injury lawyer from The Law Offices of Barry Feinstein & Associates, P.C., who can review your case and fight for your right to get injury claims.

Pain and suffering fall under the non-economic damage category. Economic damage (also known as special damages) is one that is easily quantifiable, such as medical bills or lost wages. On the other hand, noneconomic damage (also referred to as general damages) is one that cannot be easily pinned with a monetary value.

With all that said, here are the two kinds of pain and suffering.

Physical Anguish

In its most literal sense, physical pain and suffering refer to injuries sustained by the plaintiff. It goes beyond the pain and discomfort that the claimant has injured and touches on the detrimental effects these injuries have on the plaintiff’s future. It could impact their ability to do the simplest things, needing assistance for most of life’s activities, all due to the defendant’s negligence. Suffering from pain and suffering in Peabody warrants the assistance of a competent personal injury lawyer who can fight for you and help you understand Massachusetts personal injury law.

Mental Anguish

Mental pain and suffering stem from the claimant’s injuries or a by-product of which. Mental anguish, distress, loss of enjoyment, humiliation, depression, anxiety, and anger are some examples of mental pain and suffering. Broadly, these are categorized as negative emotions accident victims endure as a result of what’s happened to them in the accident. Apart from these negative emotions, accidents can result in PTSD or post-traumatic stress disorder.

Just like physical pain and suffering, mental pain and suffering also encompass the emotional torture victims will experience in the future. If you are experiencing PTSD, it is best to seek professional help. However, with it comes with the cost of your rehabilitation. Touch base with a pain and suffering Peabody attorney who can help you understand what is pain and suffering in a personal injury case.

How are Pain and Suffering Damages Calculated?

As soon as liability has been established for your physical injury, you must prove that the pain and suffering you are feeling are connected to the injuries you’ve sustained. Evaluation of pain and suffering is subjective, and no clear line is drawn to distinguish what counts and what doesn’t. Getting legal advice from a personal injury lawyer from Massachusetts can help you in getting compensated for your injuries.

How Does One File a Personal Injury Claim?

There are steps one must follow in filing a personal injury claim, and below are the ways:

  • Gathering Evidence. Preparing a claim requires you to gather evidence to support your injury claim. This comes in the form of obtaining a police report, medical reports that support your condition, proof that you have lost income, receipts, and more. All of these can help strengthen your injury claims.
  • Writing Settlement Demand Letters. A demand letter, together with copies of the supporting documents, must be sent to the insurance company. The purpose of a settlement demand letter is to explain your side of the story and how pain and suffering came into play in your life as a result of it.
  • Wait for the Claim Adjuster’s Decision. A claim adjuster from the insurance company will go over your case to calculate the value of your claim. Should you be covered by insurance, the company accepts the personal injury claims and will issue a check.

How To Calculate Pain and Suffering Damages?

There aren’t that many guidelines for determining what pain and suffering are in a personal injury case since there aren’t any charts available to figure out how much money to award the claimant. Most simply rely on good judgment, background, and experience. Multipliers are also present in personal injury cases involving pain and suffering since they are calculated as worth a multiple of the injured person’s total bills.

Multipliers are considered somewhere between 1.5 and 4, meaning that the damages are 1.5 to 4 times the value of special damages. Multipliers are rough estimates, and these vary from case to case. Other factors that come into play include:

    • Plaintiff’s ability as a witness
  • Plaintiff’s likability
  • Credibility of plaintiff
  • Consistency of statements
  • If the plaintiff is exaggerating
  • If the medical professionals support pain and suffering claims
  • If the plaintiff has a criminal record

To learn more about the compensation one can get in a personal injury case, it is best to seek consultation from a personal injury lawyer from The Law Office of Barry Feinstein & Associates, P.C.

Contact a Peabody, MA, Personal Injury Lawyer

It can be tough dealing with injuries sustained in an accident. As a victim, you know that your ordeal goes beyond medical bills and lost wages. Pain and suffering, or the anguish you feel today and for all the days to come, are just as hard to deal with. Stay informed about what counts as pain and suffering in a personal injury case through the help of a personal injury attorney from The Law Offices of Barry Feinstein & Associates, P.C. A seasoned attorney can help you navigate personal injury and help you get compensated for pain and suffering damages in Massachusetts. Get in touch with an attorney right now.

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