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

Pain and Suffering Damages in Peabody, MA

In personal injury cases, the plaintiff seeks compensation for damages sustained from the car, motorcycle, or truck accidents. Damages can include medical bills, lost wages, or pain and suffering. Pain and suffering pertain to the physical and emotional distress developed from an accident or after an injury. Compared with bills, car insurance, and wages lost, it is much harder to quantify pain and suffering. 

Personal injury lawyers can help you understand the calculation for pain and suffering and get you properly compensated for your injuries. But since this involves legal jargon, you’re better off with the assistance of a personal injury lawyer. 

You can schedule a consultation with a Peabody personal injury lawyer if you are from Massachusetts. The Law Offices of Barry Feinstein & Affiliates P.C. has over 25 years of legal experience in personal injury, vehicular accidents, and workers’ compensation. Their injury attorneys are committed to providing you with aggressive representation, fighting the big insurance companies, and getting the compensation you deserve.

What Counts as Pain and Suffering?

Pain and suffering fall under the non-economic damage category. While Economic damage (AKA special damages) is easily quantifiable, noneconomic damage (AKA general damages) cannot be easily assigned a monetary value.

An accident permanently changes your life. For some, the quality of life diminishes due to permanent injuries or disabilities sustained after the wreck. Then there’s the added loss from medical bills payment and missed wages. No wonder accident victims are left feeling traumatized. 

If you’ve been in a recent car accident in Massachusetts but don’t know what to do next, please consider working with a seasoned personal injury lawyer from The Law Offices of Barry Feinstein & Affiliates P.C.

Two Types of Pain and Suffering

Below 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 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 another driver’s negligence

Instead of dealing with all the anguish alone, you can rely on a competent personal injury lawyer who will fight for you and help you understand Massachusetts personal injury law.

Mental Anguish

Mental pain and suffering stem from the driver or pedestrian accident victim’s injuries or a by-product of the accident. 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 that accident victims endure due to what happened to them. Apart from these negative emotions, accidents can result in PTSD or post-traumatic stress disorder. 

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, regarding the cost of your rehabilitation, you should consider scheduling a call with a Peabody injury attorney near you who can help you understand what actions you can take to get your life back.

How are Pain and Suffering Damages Calculated?

As soon as you establish liability for your physical injury, you must prove that the pain and suffering you feel are connected to your injuries. Evaluation of pain and suffering is subjective. If you are unsure how to establish any connection, seek legal advice from a personal injury lawyer from Massachusetts.

How Do I File a Personal Injury Claim? 

Below are steps you can follow when filing a personal injury claim:

Gather Evidence 

Collect evidence to support your injury claim.

  • Police report
  • Medical reports that help your condition
  • Proof that you have lost income
  • Receipts, and more. 

All of these can help strengthen your injury claims. 

Write Settlement Demand Letters

A demand letter and 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 due to 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 Do I  Calculate Pain and Suffering Damages?

A few factors determine the calculation of pain and suffering in a personal injury case. 

  • Sound judgment, background, and experience
  • Multipliers are rough estimates applied to specific ‘pain and suffering’ types, increasing the potential amount recovered. Multipliers are somewhere between 1.5 and 4. Multipliers vary from case to case. 
  • 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

Instead of trying to attach an amount to each factor, it is better to work with a personal injury lawyer from The Law Offices of Barry Feinstein & Affiliates P.C.

Contact a Peabody, MA, Personal Injury Lawyer

Dealing with injuries sustained from an accident due to someone else’s negligence brings a lot of physical pain and suffering to the victim and may even break the bank. 

As a victim, you should understand that the damages are not just about medical bills and wages. Even the anguish you feel, the trauma, or the impact on your quality of life can and should be recovered. A lot is at stake, so it is vital to choose an experienced lawyer to handle your case.

The Law Offices of Barry Feinstein & Affiliates P.C. will help you navigate personal injury and fight for fair compensation compensated in Massachusetts. Get in touch with a Peabody injury attorney right now!


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