The Delicate Balance of Pricing Pain and Suffering
There are many factors that go into the pricing of pain and suffering in a personal injury case. The delicate balance is best handled by a professional legal consultancy with experience in these matters.
There is no set formula for establishing pain and suffering costs, and it varies from case to case depending on the specific circumstances involved. However, several factors are commonly considered when looking at a personal injury claim and determining the price or value of pain and suffering.
The Severity of the Injury
The severity of the injury is one of the most significant factors to consider. In many cases, the severity of the plaintiff's injury will determine a lot, including the level of pain and suffering they will experience. Severe injuries will typically cause more pain and suffering. In most cases, the more severe the injury, the higher the value of the claim.
The Extent of Medical Treatment Required
The type of medical treatment required can play a significant role in determining the value of a personal injury claim. The cost and duration of medical treatment can have a significant impact on one's finances, personal life, and employability and can be a critical determining factor in the value of a personal injury claim. Ongoing treatment, surgeries, and therapy all serve to increase the value of the claim.
The Long-Term Impact
It is common for many personal injury claim plaintiffs to underestimate or ignore the long-term or permanent effects of injuries. These could include things like disfigurements, disabilities, or long-term pain that may never fully go away. The substantial impact of long-term suffering can play a pivotal role in determining the value of a pain and suffering claim in a court of law.
The Emotional Distress
While physical injuries are typically the focal point in personal injury claims, the emotional distress that results from having an accident and needing to recover should not be discounted. Anxiety, depression, and post-traumatic stress disorder are all valid conditions that should be factored into a pain and suffering valuation.
Quality of Life and Relationship Impacts
The loss of the ability to enjoy one's life as before, as a result of injuries incurred, should be taken into account. Compensation might be awarded for this if it is severe enough. This could include not being able to participate in hobbies anymore, among other things.
In addition, the impact on one's relationships should also be considered. In some cases, an injury could lead to the loss of a marriage or something similar. Such an impact should also be considered when determining the value of pain and suffering.
Age and Life Expectancy
In most cases, younger individuals with a longer life expectancy will receive a larger award owing to the longer timeframe expected for their future suffering.
Economic Damages
While physical and emotional damages are essential to a personal injury case, the economic damages suffered should also be taken into account. These economic damages might include medical expenses as well as lost wages from time off work.
In some cases, employment opportunities may have been lost, or the plaintiff may have lost their job altogether. In many cases, the economic damages are used as a starting point for calculating the pain and suffering, with multipliers often being used to determine a fair and reasonable valuation across the board.
The Attorney’s Skill
While the case itself and the evidence presented play a critical role in determining the success and size of the payout, the skill of the legal professionals involved can also have a material impact on the outcome. An experienced and knowledgeable attorney might very well be able to negotiate a higher settlement or secure a larger award thanks to their expertise.
Do you need help getting a reasonable payout for a personal injury claim? Hire Alex’s Law Firm, an experienced and reputed legal consultancy in Boca Rotan. Contact us now ‒ we will fight in your corner.
