Average Settlement for Pain and Suffering in a Personal Injury Case
Pain and suffering is commonly a part of personal injury cases. While it is just as important as any other damage, it is not always easy to calculate. This is because it can be difficult to put a value on the level of pain or suffering that someone experiences, as well as any pain and suffering that they are likely to have.
What Does Pain and Suffering Mean?
Pain and suffering is often used to describe the physical pain and emotional suffering that someone experiences after being in an accident. This might include:
- Fear or worry
- Insomnia or chronic fatigue
- Grief and loss
- Loss of enjoyment of hobbies or life
These are just a few examples of the many emotions that can follow an auto accident. It is also important to consider the physical pain that can affect your ability to work, exercise, enjoy time with friends, or even engage in hobbies that you once enjoyed.
How to Calculate Pain and Suffering
Calculating your value of pain and suffering is not always easy, but is important in determining the fairness of a settlement offer. While there is no required method to valuing pain and suffering, there are two common methods:
- Multiply the total of your damages by a number between one and five, depending on the severity of your injury
- Determine a per-day rate, then add this amount together for each day, until you are fully recovered from your injuries
Because there isn’t a requirement on how to calculate pain and suffering, either of these methods may be used. In some cases, it may be helpful to use both methods to get an idea of the average amount owed.
What is a Fair Settlement?
Just as there isn’t a single way to calculate pain and suffering, there isn’t a guaranteed way to know what is fair. A fair settlement may be different in each personal injury case. It can be helpful to first, value your case, and then determine how close, or how far off, the insurance company is from that number.
You also need to factor in any special situations that may apply to your case, like if your condition is unlikely to improve, or if your injury will prevent you from ever returning to work.
Work With an Experienced New Jersey Lawyer
Working with an experienced New Jersey lawyer can help you determine if a settlement offer is fair. They can help with calculating the value of your case, including all damages. In addition to coming up with a fair settlement amount, you will also need to prove pain and suffering is a part of your case.
Some injuries may be easy to prove, whereas others can be more difficult. Pain and suffering is not always easy to prove, because many of the parts associated with it are psychological. It is also not always easy to prove the level of pain you have, and will, experience. Your lawyer may use things like a personal statement, medical records, or expert witness reports.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Case in New Jersey
Did you or a loved one sustain serious injuries due to a personal injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Brown Law represent clients injured because of a personal injury in Atlantic City, Hammonton, Galloway Township, Ventnor City, and throughout New Jersey. Call (609) 344-8270 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08041.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.