Ewing & Willis
Your Hometown Legal Team For Auto Accidents, Personal Injury and Insurance Litigation
Your First Consultation Is Free 502-694-7420

How is pain and suffering calculated in personal injury cases?

Car accident injuries can run the gamut from minor bumps and bruises to permanent and life-threatening disabilities. Should the injured victim decide to sue the liable party for the damages they caused, one thing that must be quantified in these cases is the victim's pain and suffering.

If you are trying to settle a claim, you may wonder how these figures are determined. First, you must understand some basics about a personal injury claim.

Most claims have two parts — special damages and general damages. The former is fairly easy to calculate. You simply add up the total costs of all treatments. Everything from the ambulance ride from the accident scene to the ace bandages and costs of prescriptions is potentially reimbursable if it can be substantiated with receipts or other documentation. If you had to miss work due to your injuries, you can also calculate the monetary losses you experienced and add that to the sum.

General damages are a bit more nebulous to determine, but even here, formulas are useful. For instance, if your special damages come out to $23,775, in general, you may usually ask for two or three times that amount in general damages.

This is, of course, a ballpark range that has a great deal of wiggle room. The very nature of pain and suffering is subjective, so it's also helpful to realize what other similar cases settled for in your geographic area.

There are additional considerations you should factor into your claim. For instance, suppose you shattered your right forearm in the accident. If your right arm is your dominant arm, the struggles you faced would likely be greater than if it were your nondominant arm that was injured.

You might not have been able to pick up your children, assist them with bathing or even drive them to school each morning. Other injuries may have caused you not to be able to be intimate with your spouse, i.e., loss of consortium, and this could potentially open the door for a claim of their own.

Any usual and customary duties and responsibilities that you were no longer able to carry out, as well as parenting and recreational activities on which you missed out, can also be added to your claim.

It's often helpful to retain a Louisville personal injury attorney to ensure that you get the most compensation for your claim.

No Comments

Leave a comment
Comment Information
Ewing & Willis, PLLC BBB Business Review Louisville Blogs Martindale Badge Superlawyer Badge
email us for a response

Ewing & Willis
6009 Brownsboro Park Blvd. Suite B
Louisville, KY 40207

Phone: 502-694-7420
Fax: 502-585-5858
Louisville Law Office Map

Back to top