How Personal Injury Lawyers Calculate Pain and Suffering Damages

May 17, 2023


When it comes to calculating pain and suffering damages in personal injury cases, it's important to understand that attorneys are taking many factors into account to make sure the plaintiff is compensated for the full extent of their suffering. In this blog post, we'll explore how personal injury attorneys calculate pain and suffering damages.

The first step in calculating pain and suffering damages is to determine how much economic loss the plaintiff has experienced. This is typically done by adding up the medical expenses associated with the injury and determining what the plaintiff has had to spend in lost wages, mobility aids, and other post-injury costs. With economic losses determined, the attorney can move to assessing non-economic damages.

In assessing non-economic damages, the attorneys will look at the plaintiff's physical pain and mental anguish, as well as any loss of enjoyment of life due to the injury. They may also evaluate the plaintiff's disfigurement, any permanent physical limitations, loss of consortium, or other non-economic losses due to the injury. Attorneys will also factor in any punitive damages, which may be available in some cases.

The next step is to consider the extent of the plaintiff's suffering. This involves looking at the severity of the injuries, how long the pain is expected to last, and the impact the injuries have had on the plaintiff's quality of life. The plaintiff's medical records and statements from friends or family can help the attorney gain a better understanding of the degree of suffering.

Once all the factors have been considered, the attorneys will then determine a settlement amount. This is done by balancing the economic losses with the non-economic losses and the extent of the suffering. In some cases, they may also look at other factors such as:

  • The date of injury
  • Who was at fault
  • Whether or not the plaintiff contributed to the accident

In conclusion, calculating pain and suffering damages in a personal injury case is an intricate process that requires attorneys to consider many different factors. By looking at economic losses, non-economic losses, and the extent of the plaintiff's suffering, attorneys can determine a fair and equitable settlement amount.

Related Questions

What factors do attorneys consider when calculating pain and suffering damages?

Attorneys consider economic losses, non-economic losses, and the extent of the plaintiff's suffering when calculating pain and suffering damages.

How do attorneys determine economic losses?

Attorneys determine economic losses by adding up the medical expenses associated with the injury and determining what the plaintiff has had to spend in lost wages, mobility aids, and other post-injury costs.

What non-economic losses are taken into account?

Non-economic losses taken into account include physical pain and mental anguish, loss of enjoyment of life due to the injury, disfigurement, permanent physical limitations, loss of consortium, and other non-economic losses due to the injury.

Are punitive damages considered?

Punitive damages may be available in some cases and are taken into account when calculating pain and suffering damages.

What is the extent of the plaintiff's suffering?

The extent of the plaintiff's suffering is determined by looking at the severity of the injuries, how long the pain is expected to last, and the impact the injuries have had on the plaintiff's quality of life.

What other factors are taken into account?

Other factors taken into account include the date of injury, who was at fault, and whether or not the plaintiff contributed to the accident.

How is a settlement amount determined?

A settlement amount is determined by balancing the economic losses with the non-economic losses and the extent of the suffering.

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