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Pain & suffering: How much should you be rewarded? 

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If you’ve been injured because of an accident at work or road side accident, you ought to make a claim for compensation.

A personal injury solicitor can help you recover compensation for the recognizable damages and eliminate the stress of dealing with the insurance claim.

Just in case you weren’t aware, it’s possible to pursue claims for psychological symptoms, even if they’re not directly associated with the physical injuries. During the healing process, you might experience stress, anguish, depression, sleep problems, and recurring nightmares. The trauma isn’t purely physical. 

A person treating an injury
Photo by Diana Polekhina on Unsplash

Chances are that you’ve come across the phrase pain and suffering before. It’s a legal term used for describing the physical and emotional injuries resulting from an accident.

If you’ve been hurt due to the carelessness of someone else, you may be entitled to recovering economic losses and enjoying monetary satisfaction. In the United Kingdom, one can claim 2 types of damages: general damages and special damages.

General damages are directly connected to the injury and they cover pain and suffering, not to mention loss of amenity (i.e. loss of mental or physical capacity). 

What is considered pain & suffering? 

The pain resulting from an on-the-job injury or an auto collision is not only distressful but also long-lasting. In some instances, it can be permanent. Examples of conditions that qualify for pain and suffering include but aren’t limited to: 

  • Physical pain 
  • Mental anguish 
  • Scarring 
  • Losing interest in daily activities 
  • Loss of spouse or domestic partner 
  • Physical disability 
  • Inconvenience 
  • Grief, anxiety, humiliation

As highlighted above, pain and suffering isn’t merely physical. To ensure that you obtain the fairest settlement possible, reach out to a personal injury solicitor and discuss your symptoms. Equally important is to have your injuries evaluated by a medical professional. In any personal injury claim, it’s paramount to gather medical evidence to prove the extent of the injuries. The quality of the evidence relies on the objectivity of the expert drawing on several sources of information. 

How does the insurance company determine pain and suffering damages? 

According to the experts at CompensationCalculatorUK.co.uk, it’s necessary to establish that the defendant is indeed guilty and prove your losses so that you can rightfully claim the money that you’re entitled to. The legal denomination for this type of compensation is referred to as damages. Damages encompass medical bills and non-economic claims such as pain and suffering. The insurance company is responsible for calculating how much pain and suffering damages you should be awarded. Needless to say, there are harsh rules for putting a price on pain and suffering. 

The multiplier method

Insurance companies, together with solicitors and courts, use the multiplier method to calculate pain and suffering. It involved finding a number that you can multiply by that represents the percentage of change. Practically, all the damages are added up and that number is multiplied by a number between 1.5 and 5 (depending on the extent of the injury). The big challenge is knowing what multiplier to deploy. 

The per diem approach 

At times, insurers may use the per diem approach. If you’ve been suffering for a long time, you receive a certain amount of money for each day that you’re in pain until you’ve reached maximum recovery. The sum of money varies and, more often than not, it’s based on your daily income. 

Attention needs to be paid to the fact that pain and suffering have no market value. It’s impossible to correctly equate pain and suffering in money. The vast majority of personal injury cases settle even before they go to trial. If your case is one of the few ones that doesn’t end with a settlement, you’ll go to trial and your solicitor will have to prove your point. Various types of demonstrative evidence are accepted in court. 

Since pain and suffering can’t be seen, it’s necessary to overcome a big obstacle. Several elements can affect your compensation claim for injuries. More exactly, we’re talking about: 

  • Your criminal history 
  • The jury’s response to your testimony 
  • The nature of your injuries 
  • The type of pain-relief treatment 
  • If the jury believes the defendant is guilty

All of the above elements are taken into consideration in a personal injury case. Keep in mind that personal injury cases have a 3-year time limit to make a claim. Court proceedings must be issued within 3 years of your accident. 

Maximizing compensation in a personal injury case 

There are several things you can do to make the most of your claim. Speak to a solicitor, who will evaluate the incident and your injuries to figure out if you have a strong case. The legal professional will take the time to explain the available options, which will help you decide whether or not it’s a good idea to pursue legal action. If you want to take matters to court, a thorough investigation will be carried out. Make a no win no fee arrangement, if possible. You’ll pay nothing if the solicitor doesn’t win the case. If you win the personal injury lawsuit, certain deductions will be made from the compensation you’re awarded. 

Make considerations about future recovery when negotiating the settlement amount. You may sustain future injury or loss, which comes in the form of medical bills, loss of income, physical pain, mental anguish, and so forth. Include future damages in your personal injury claim. Expert testimony is mandatory for claiming future damages. The expert witness will confirm that the injuries forecasted aren’t speculative in nature and you should receive a fair award. They can be a doctor or a therapist. 

Finally yet importantly, resist the temptation of discussing details of your case on social media. You may be asked to hand over your login information for further investigation. When you’re involved in any case or proceeding, it’s not recommended to share information on your social networking profiles. It creates a bad impression, not to say that your affirmations can be used against you. if you want your claim for compensation to be taken seriously, adjust your conduct.