When someone is injured as a result of another’s negligence – such as a property owner who neglects unsafe conditions on their property or a driver who runs a red light – a personal injury claim may be brought to hold the negligent party accountable for the damages they caused. In addition to justice, the plaintiff aims to recover a financial settlement that covers both economic and non-economic damages, including medical bills and pain and suffering.
Economic Damages Vs Non Economic Damages
A full and fair personal injury settlement should cover both economic and non-economic damages. So, what are economic damages vs non economic damages?
Economic damages refer to the measurable financial losses a person suffers after an accident or injury. These include costs that can be calculated with bills, receipts, or pay stubs, such as medical expenses, lost wages, property damage, and future loss of earning capacity.
Non-economic damages compensate for the emotional and psychological impact of an injury. These are intangible losses that don’t have a specific dollar amount. Examples include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or consortium.
What is Classified as Pain and Suffering in a Personal Injury Case?
Pain and suffering is an important non-economic damage that can be recovered in a personal injury settlement. But what is it? Pain and suffering is the legal term for the physical and emotional stress caused by an injury.
Some damages that fall under the pain and suffering portion of a personal injury claim are:
- Chronic physical pain
- Emotional distress
- Loss of enjoyment of life
- Sleep disturbances
- Post-traumatic stress disorder (PTSD)
- Disfigurement or scarring
- Loss of companionship or intimacy
- Cognitive or psychological impairment
How Does the Injured Party Prove that the Plaintiff Has Endured Pain and Suffering as a Result of the Incident?
In a successful injury claim, your personal injury lawyer will secure fair compensation for pain and suffering by proving that you have suffered or are suffering as a result of the incident. In order to prove this, the accident attorney will gather relevant information, including:
- Medical diagnoses
- Medical bills
- Medical records
- Pictures of injuries
- Records of psychiatric care
- Testimony from medical experts, as needed
How is Pain and Suffering Calculated?
In addition to proving pain and suffering, the law also requires that a value be assigned to it. A personal injury lawyer can accurately calculate a fair dollar value for your pain and suffering. Your injury lawyer will factor in a settlement range that is most likely to be offered in negotiations or in a jury award if the case goes to trial.
A good personal injury lawyer will take the time to explain to you how an insurance company is likely to valuate pain and suffering. For instance, if you bear partial fault for the accident, there was no damage to the vehicle, or if the injuries were minor, you can expect the insurance adjuster to reduce your pain and suffering offer. This information gives the plaintiff a good idea of what compensation they can expect for their pain and suffering in a reasonable offer.
It’s important to work with a personal injury lawyer who will fight for a fair settlement because the current method used by insurance companies to calculate pain and suffering undervalues pain and suffering.
Contact a Personal Injury Lawyer Today!
An accident lawyer can help you recover a full and fair settlement for the injuries you sustained in an accident caused by the negligence of another with no up-front costs to you. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. Our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County who were injured in Washington State since 1979. Contact the experienced and hard-working personal injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
