Non-Economic Damages: Pain and Suffering

After suffering a devastating injury, healing is the goal. But there is more to recovery than meets than eye. Even after the doctor has deemed an accident victim fit to resume normal physical function, they may continue to struggle. Emotional and mental trauma can be just as debilitating as physical pain – and while compensation isn’t a cure, it can help to ease future financial burdens.

What Is Pain and Suffering?

In addition to physical pain, the legal term “pain and suffering” includes the following:

  • Insomnia
  • Anxiety
  • Depression
  • Grief
  • Fear
  • Mood swings
  • Loss of quality/enjoyment of life
  • Loss of companionship
  • Damage to reputation
  • Lack of energy, appetite or sexual function
  • Post-traumatic stress disorder (PTSD)

How Do You Prove Pain and Suffering?

Because of the intangible nature of emotional and mental distress, proving pain and suffering can be difficult. An experienced personal injury attorney can help, using the following resources as evidence for your claim:

  • Witness testimony (friends, family, co-workers, medical professionals, etc.)
  • Daily progress logs or journal entries
  • Post-injury prescriptions (for pain, insomnia, depression, etc.)
  • Proof of treatment by mental health professional/therapist

How Are Damages Determined?

Because pain and suffering damages are considered “non-economic,” there is no exact equation to calculate an amount. Insurance companies typically rely on one of two methods: the Multiplier Method (multiplies amount of economic damages by a number between 1 and 5) and the Per Diem Method (multiplies a daily amount by the number of days needed to recover).

If the insurance company offered you an amount that seems unfair, West Law Firm can help. Trust our personal injury attorneys to fight for the compensation you deserve, considering a variety of factors to determine a reasonable settlement. During your free consultation, we’ll ask about the following:

  • Length of recovery
  • Severity of injury and pain
  • Overall health before and after your injury
  • Physical limitations caused by injury that impact daily life (work, hobbies, relationships, etc.)
  • Age

Trust Your Local Personal Injury Attorneys

Conveniently located in Moncks Corner, SC, West Law Firm is proud to serve injury victims throughout Berkeley County and beyond. If you are experiencing pain and suffering after an accident, do not hesitate to get in touch.

Our personal injury lawyers can help determine a fair amount of compensation – and fight to get you the damages you deserve. We understand that the scars left behind from an accident are not always visible, and we will offer the support and legal advice you need as you walk through trying times.

To learn more or to schedule your free consultation, contact West Law Firm today! Call 843-761-5626 or click here.

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