You suffered a serious injury, and you’ve taken months to focus on your recovery. The whole time, you’ve held out and waited to take a settlement, because you want to know how you’re going to feel. Right now, all you seem to know is pain. You wake up in pain and go to bed in pain.
If you’re suffering from pain, then you can pursue compensation for that as well as your medical care, physical therapy and other expenses. There may not be a guarantee that you’ll go back to a life without chronic pain, but the right financial support can allow you to do the things you need to do to make your life easier.
How are damages for pain and suffering calculated?
Every case is different, but the court may consider these factors or others:
- State damage caps
- Socio-economic and political factors
- The amount already claimed in special damages
- Severity of the injury
- The location and nature of disfigurement or scarring
- The time you may need to recover
- The potential to have lasting consequences from the injuries
Sometimes, the multiplier method is used to determine the amount of pain and suffering damages that you should receive. This method is not perfect, but it does try to look at how to award fair compensation by multiplying the total amount of medical bills or other special damages.
This is something you might want to talk to your attorney about, especially because every attorney has their own preferences for calculating how much you should ask for in pain and suffering compensation.