Many times, one of the first questions asked of the personal injury team at JacksonWhite Law is: “how much money should I get for pain and suffering?”
Typically, this is not the same as “how much can I get?” but rather, “what pain and suffering am I legally entitled to?” Determining pain and suffering, and putting a monetary value to it, is not an easy process, and many people are misinformed about how it works.
Dispelling Pain and Suffering Compensation Myths
To begin, there is no formula or algorithm to determine pain and suffering damages. There is no standard, such as the commonly believed “three times your medical bills” rule. In fact, each personal injury case is different and therefore, pain and suffering is determined on a case-by-case basis.
Without analyzing the details of your case – and injuries – there is simply no way to determine pain and suffering compensation. That said, you can know what elements are considered for compensation, and a qualified attorney will be able to ensure you receive proper compensation.
Factors to Consider for Pain and Suffering
On the most basic level, pain and suffering refers to the damages done to you – both mental, physical and otherwise. This includes injuries caused by the accident itself, as well as injuries and pain caused by anything required to fix your injuries, including surgery, prescriptions and the like.
As you can see, pain and suffering is generally an abstract concept, which makes it difficult to pinpoint a dollar amount. When your case is under consideration, your compensation will depend on:
- Severity and nature of your injuries and pain
- Medical treatment and services received
- Nature of emotional damages
- Required medical procedures or prescriptions
- How the injury has affected your daily activities
- Pre-existing injuries or pain, if any
- The consistency of your behavior after the injury
- The long-term impact of the injury on your life
When each of these and other factors are considered, the injury and the pain and suffering it has caused will form a clear picture of how you’ve been affected. This will ultimately determine your pain and suffering compensation, if you’re entitled to it.
Problems with Compensation
Depending on the severity of the injury, you may not even receive enough compensation to cover the full costs of your medical bills. Soft tissue injuries, for example, are not considered as serious, and do not generally result in larger compensation amounts.
Spinal, head and back injuries, however, may be considered more significant, and would therefore result in more damages. The goal of your legal team is to not only maximize your compensation, but lower your medical expenses as well.
Without the right representation, you may still have significant medical costs after a settlement, making the importance of having a competent attorney extremely clear.
Get the Pain and Suffering Compensation You Deserve
At JacksonWhite Law, we know how devastating a personal injury can be. We work with our clients every step of the way to ensure a positive legal experience. We don’t get paid unless you’re compensated, so we remain committed to the success of your case.
Call our Personal Injury team at (480) 467-4392 to discuss your case today.