Reasons Why Determining The Value Of Pain And Suffering In A Personal Injury Case Is Difficult
When someone suffers an injury because of another party’s negligence, they can file a personal injury claim and recover compensation for economic and non-economic damages. Determining the value of non-economic damages can be challenging. One example of non-economic damages that can be especially difficult to calculate is “pain and suffering.” In personal injury law, “pain and suffering” is the bodily and psychological pain/suffering someone experiences after an injury. Pain and suffering damages compensate the victim for the adverse impact the injury has had on their life instead of compensating them for a direct monetary loss. Below, we discuss some reasons why we believe it is difficult to determine the accurate value of pain and suffering.
Pain and Suffering Is Subjective
The first reason why we believe determining the accurate value of pain and suffering damages in a personal injury case is challenging is that pain and suffering are subjective experiences. This means that the intensity of pain and suffering depends on an individual. For example, on a scale of 0-10, a person may rate the pain they are experiencing from an arm injury as a 5. For another person, they may rate the pain they are experiencing from an arm injury as an 8. Pain is subjective, based on a person’s composition. Because of subjectivity, comparing one person’s pain to another is impossible. Due to the subjective nature of pain and suffering, different methods may be used to calculate the value of pain and suffering in a personal injury case. Some of these methods are challenging for some people to grasp.
Biased Expert Witnesses
Determining the value of pain and suffering in a personal injury claim usually requires opinions from expert witnesses. For example, a highly experienced doctor may examine your injuries to testify about their severity and their painful consequences. A life care planning expert may also examine your life and testify about how your injuries affect your daily life, including the care you require and your ability to work. Sometimes, expert witnesses have biases. If an expert witness with bias testifies in your case, it might be difficult to determine the accurate value of pain and suffering.
Florida’s Comparative Fault Rule
Florida is a comparative negligence state. This means that in a personal injury case, fault must be allocated between the plaintiff and defendant. This rule can impact the ability to accurately determine the value of pain and suffering. How exactly, you may wonder? Well, allocating fault in a personal injury case is also a subjective calculation. There isn’t a set figure that, for example, a plaintiff who was speeding when their accident occurred should be allocated during their car accident case.
Uninformed or Biased Juries
If a personal injury case goes to trial, it is up to the jury members to decide the value of the damages the plaintiff should receive, including the value of pain and suffering damages. If jury members don’t fully understand the concept of pain and suffering and how to calculate these damages, or if they have biases, it can affect their calculations and decision-making.
Insurance Company Tactics
Insurance companies use several tactics to minimize the value of your claim, including downplaying your pain and suffering. If you fall for these tactics, it can make it difficult to determine the actual value of your pain and suffering damages. For example, the insurance company might claim you are partially liable for your accident. The insurance company may also question whether a procedure you underwent was necessary or reasonable. All these are tactics aimed at making you believe you deserve little compensation for your pain and suffering.
How To Prove and Accurately Calculate Pain and Suffering
Proving and determining the accurate value of pain and suffering damages in a personal injury case can be challenging. However, it is not impossible. If you work with an experienced personal injury attorney, you can be confident that they will help you gather all the evidence you need to prove your pain and suffering. You can be certain that your lawyer will help you accurately calculate your pain and suffering.
Some of the evidence that can help you prove pain and suffering include the following;
- Medical bills
- Police records
- Proof of treatment by a mental health professional
- Documentation and sworn statements from your family and friends
- Pictures of the accident
- Personal Journal
Contact a Naples Personal Injury Attorney
Don’t allow the difficulties of proving and calculating pain and suffering damages to prevent you from recovering the compensation you deserve in your personal injury case. Allow our skilled and dedicated Naples personal injury attorneys at The Law Offices of Marc L. Shapiro to help. Contact us to schedule a consultation.
