Pain and suffering is a term being said by many people, but they still don’t understand if it comprises of several keys to personal injury. From the legal perspective, pain and suffering have its importance, and also, they have their calculations onto such damages. The pain and suffering have always been regarded as a personal injury, so never get it challenging to hire your personal injury lawyer in Fort Lee to help you in every step.
Meaning of Pain and Suffering
Pain and suffering consist of two known types, which is mental and physical pain and suffering.
Physical Pain comprises of actual injuries that cause the plaintiff to experience pain and suffer. Not only does it comprise of discomfort and pain, but it also consists of detrimental effects which a person has likely suffered any time from the period of injury due to the negligence of the defendant.
Mental Pain is where the plaintiff has been injured physically, which can result in other psychological injuries apart from the physical seen ones. When one suffers from mental pain can be suffering from emotional distress, mental anguish, anger, fear, lack of enjoying, anxiety, shock, lacking appetite, lacking energy, mood swings, sexual dysfunction, sleep disturbances, depression, and humiliation. It happens to be any harmful emotion kind which is suffered by the accidents’ victim, which will be due to enduring physical trauma and pain during the accident. One can have extremely severe pain and suffering mentally, which can be post-traumatic stress disorder, which is abbreviated as the PTSD.
Unlike physical suffering and pain, the mental distress does not only include of the victim effects being endured during the accidental date, but they also constitute of a person being likely to suffer in the coming future.
Calculating Pain and Suffering
When you have your personal injury lawyer in Fort Lee, you will be advantageous since he/she will help you during the calculation time for your injury case. The juries have no charts for one to figure the damages needed to be paid by the defendant. Here, the panels are always instructed to have their background, good sense, and their experience so they could determine a reasonable and fair figure for compensation due to pain and suffering injury suffered.
Multiplier term is used during such calculations where calculating pain and suffering requires to be worth many multiples towards total medical bills incurred by the injured person together with all lost earnings that are specified as the special damages.
The most multiplier for calculating damages can be around 1.5 to 4, which means that an injured person’s pain and suffering is calculated as his special damages being multiplied by a figure between 1.5 and 4. Multiplier concept is still a rough estimation which applies only in limited personal injuries. The multiplier should be carefully used in cases where the injuries are minor, and their total damages can’t get to reach $50,000.
When calculating damages for a personal injury case, here are some considerations:
- a likable or unlikeable plaintiff;
- bad or good witness as the plaintiff;
- the credible plaintiff or not;
- the consistent testimony of the plaintiff according to the injuries or not;
- if plaintiff claims are normal or exaggerated;
- if there is a criminal record for the plaintiff or not;
- if the physician of plaintiff supports him/her or not;
- if the diagnosis and injuries of the plaintiff are sensible or not.
Everyone who thinks they have suffered either mental or physical pain should hire their lawyer who can help them in getting compensated.