Pain and suffering are types of damages that can be claimed in some personal injury cases. However, while economic damages like medical bills and lost income are easily quantifiable, pain and suffering are often much more challenging to work out. In the guide below, we will review some of the challenges associated with calculating pain and suffering damages and explain how an experienced personal injury attorney can help you fight for the financial compensation you may be entitled to.  

pain and suffering damages

What Are Pain and Suffering Damages?

There are two types of damages related to pain and suffering: physical and mental. Physical pain and suffering compensate a person for their bodily pain and discomfort after an accident, while mental pain and suffering try to manage the harm that results from the physical injury, such as fear, anger, emotional distress, humiliation, shock, loss of enjoyment of life, and anxiety. 

Why Is Calculating Pain and Suffering Damages So Challenging?

Quantifying pain and suffering is a challenging task. First, there is no specific formula or technique to assess these losses. Instead, only general methods exist. Second, there is no definite way to establish the exact degree of mental or physical distress that an individual undergoes after an accident.

For example, following a typical car accident, if a person experiences broken bones, the injuries sustained will be in the region of the body that is only visible if there are medical procedures completed, such as X-rays. Consequently, a jury may find it challenging to balance an accident victim’s testimony of the extent of their pain and suffering when they do not have physical evidence readily available to them.

Factors That Influence Pain and Suffering Damages

As there is no set method for calculating pain and suffering, sometimes a person’s damages will be based on the severity of the injuries, which can include the following factors:

  • The severity of the harm involved
  • The impact of the harm on a person’s life
  • The responsible party’s actions
  • The length of time it will take for a person to recover from their injuries
  • Whether the injuries result in disfiguring disabilities or permanent disability
  • The type of medical treatments that will be needed
  • The impact of the accident on mental and physical health

To establish each of these factors, it is crucial to provide detailed evidence demonstrating the effects of the accident on your pain and suffering. That is why, following a personal injury accident, many individuals contact an experienced personal injury accident attorney to help calculate these damages. Without the help of these legal professionals, it can be more challenging to prove the harm and losses sustained.

Contact Richard D. Hobbs & Associates Today To Learn More About Pain and Suffering Damages

If you suffered harm in an accident due to another person’s wrongful actions and want to know what financial remedies you can pursue, contact Richard D. Hobbs & Associates today. Our legal team can review the facts of your accident for free, help you better understand the types of monetary damages you may be able to go after, and assist you in fighting for every last dollar you need