How Much Should I Get Paid for in Pain and Suffering

It’s easy to determine medical expenses, vehicle repair costs, and other tangible damages, but pain and suffering is much harder for a third party to understand. You experienced the harm, and you’re the only one who can truly understand how much you’ve suffered because of the lasting damage. Anyone trying to evaluate how much you should be paid for your pain is merely guessing about your experience, which is why having an attorney by your side is so powerful throughout the process.

Compensation generally works as you’d expect. Minor cases typically pay out in thousands of dollars, whereas serious cases are worth hundreds of thousands in some situations—potentially millions. However, there’s a more complicated formula used by insurance companies and legal teams that applies to pain and suffering damages. They’ll typically add your economic damages and multiply that number by anywhere between 1 to 5, depending on the seriousness of the injury.

Some states allow you to apply this formula to each injury that’s causing lasting damage, but there are very few. For example, New York has no limit on the number of damages a victim can claim in a personal injury case, but other states, like Texas, have damage caps. Emotional damage might be difficult to calculate, but it’s not impossible, so you should make sure you retain a trusted and experienced attorney to help you navigate through the process.

Legal teams and insurance companies take a variety of factors into account before deciding on an amount to award you for pain and suffering. Your specific situation will determine which damages you can seek for recovery, but here are a few of the most common components of pain and suffering:

• The extent of your injuries
• Your quality of life after the accident
• Mental or emotional damage
• How likely the injury is to heal
• Any continuous medical treatments, therapies, or surgeries
• Your ability to work and earn a paycheck
• How your injuries compare to the pain and suffering of those with similar conditions

No one should have to suffer from an accident they didn’t cause. The negligent party has a responsibility to right their wrong and offer you compensation that accurately reflects the damage you sustained, but it’s not usually that easy. That’s why you need an attorney by your side throughout the process. There’s no guarantee that they’ll hear your voice and listen to your side of the story if the at-fault party uses their resources to try and bury your situation, but with the help of an attorney, you’ll always have someone in your corner, and they can use their legal experience to ensure you’re heard.

Yes, pain and suffering damages include the emotional distress that results from your accident. Emotional damage is common in accident cases. For example, some victims of car accidents have trouble getting behind the wheel again, making it difficult for them to go to work, maintain their relationships, and live a normal life. Anxiety, depression, and other mental conditions persist in victims’ lives well after the accident, and if the accident wasn’t their fault, the situation is even more unfortunate.

Although compensation can’t reverse the damage and make you forget that the accident ever happened, it can offer you the opportunity to move on. You can pay off your expenses, afford any treatment or therapy you need, and make proactive steps to ease the pain you’re in, but this is only the case if you receive the full extent. Low-ball compensation offers prevent you from paying off your expense and, in turn, forces you to pay out of pocket for an accident you didn’t cause.

Make sure to speak with the attorney who represents you regarding the emotional distress you’re feeling. You might feel like it’s unnecessary to disclose this information, but mental health is a slippery slope. If you aren’t careful, your condition can snowball and become much worse than you anticipated. By speaking to your attorney, he can compare your case to other victims who experienced the same conditions, allowing you to recover compensation that covers your damages comprehensively.

The individual evaluating your case will use an equation to determine the monetary amount that your suffering is worth. Typically they’ll add up your medical expenses and lost wages, then multiply that number anywhere from 1 to 5 times, with 5 being reserved for the more serious conditions. However, the human experience isn’t always so black and white. One standardized equation can’t accurately compensate everyone, and there are cases where the victim is awarded compensation that doesn’t reflect their damages. Even in situations where they don’t use one of these calculators, they’re merely guessing on your condition, which often results in lowball offers.

On average, pain and suffering damages are in the thousands in minor cases and in the tens of thousands in major cases. Having an attorney by your side increases your chances of recovering the rightful amount, but some states put damage caps on the number of damages you can seek for recovery.

Yes, you can sue for any emotional trauma caused by an accident that wasn’t your fault. The negligent party’s reckless actions caused your pain, and for that, you have grounds to file a lawsuit against them. These situations are complicated, though, and those without legal representation might find it difficult to sift through all the documentation, prove the negligent party acted negligently, and ensure that they take you seriously. By teaming up with an attorney, you gain an ally in your corner who can use their legal experience, knowledge, and expertise to ensure the at-fault party respects your situation.

At Morgan & Morgan, we have a proven track record of recovering the fullest extent of pain and suffering damages for our clients, even in cases where the odds seemed grim. We’ve taken on insurance companies and recovered millions of dollars on behalf of those who were wronged by someone’s negligence, with pain and suffering damages maximized, and helped victims return to normal lives. Our experienced attorneys take the time to work up cases the right way, preparing for the possibility of a trial from the beginning of your case to ensure the best results. There might be hundreds of law firms online, but there’s only one that can give you the highest chance of recovering what you’re entitled to—Morgan & Morgan.

“How much should I get paid for pain and suffering?” An amount that fully compensates you for the suffering you have endured and will live through in the future. Although it’s difficult to determine the extent of your suffering, it isn’t impossible, and our experienced team is uniquely capable of helping you advocate against lowball offers. The negligent party or insurance company who is diminishing or denying your rightful restitution might believe they can escape the liability of their actions, but with Morgan & Morgan on your side, you can leverage endless resources in the pursuit of your fair and full compensation.

Your case could be worth more. With over 800 trial-ready attorneys, over $15 billion recovered on behalf of the clients who trust us, and offices from coast to coast, Morgan & Morgan can help you advocate for the fullest extent of your pain and suffering damages, regardless of the complexity of your case.

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