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How Is Pain and Suffering Calculated in Lawsuits?

You’ve been in an accident, and you’ve come out of it with a painful bone fracture, a brain injury that could leave you permanently impaired, or some other serious injury. You’ve suffered because of your accident, and you know you deserve compensation. But how do you calculate the value of your pain and suffering in your lawsuit?

Pain and suffering isn’t like economic damages, which you can simply add up to determine a fair value. Pain and suffering will differ from person to person, and you’ll likely need help ensuring that you get fair compensation for your unique case.

At the Henry Dailey Law Firm, we have the resources to calculate what you deserve after all the pain and suffering you’ve been through.

It’s Based on Severity and Impact

Because pain affects people in different ways, your compensation may be different than what someone in a similar situation would need. That’s because your pain and suffering compensation is based on how much it’s affected you, rather than the type of injury, which is covered by your medical expenses.

For example, a broken leg in a car crash may be worth more in terms of physical pain than a brain injury, which may not be all that painful. However, a brain injury can impair you for years after your accident—the impact is much higher even if it’s not quite as painful.  

It Can Be Subjective

The context of the injury can also affect your pain and suffering calculations, even when you’re suffering the same damages as another person. Some injuries that are devastating to you may not be to others, so that should also be considered.

For example, let’s say the victim of a car crash was a football player, and he suffered a broken leg. He might receive much more compensation than a non-athlete who broke his or her leg because such an injury could end the football player’s career. Not only is the athlete in severe pain, but he may never be able to play again.

Take note of any impacts your damages have made on your life. If you’re a model and your slip-and-fall accident left you with facial injuries, make note of how that affects your career. If you’ll be unable to work because of your injuries, that can increase the trauma you experience, and your lawyer will need to include this in the calculation of your pain and suffering in your lawsuit.  

A Lawyer Can Calculate Your Pain and Suffering

When you’ve suffered serious injuries, you need the answer to a major question: How is pain and suffering calculated in lawsuits? A lawyer will have specific tools to calculate your claim, but a major factor will be how your pain and suffering has affected you.

When you’ve suffered in an accident and you need help, contact a lawyer from the Henry Dailey Law Firm. Calculating the value of your claim is difficult to do on your own because pain is so subjective, but an attorney can help you get the amount you deserve. To get started with a free consultation, call us at 205-995-2412 or fill out the form below.


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