When an individual is involved in an accident or incident that results in personal injury, they may be entitled to compensation for their pain and suffering. This form of damage goes beyond the physical injuries sustained and encompasses the emotional and psychological trauma experienced by the victim. Personal injury attorneys play a critical role in determining these damages, using a variety of methods to ensure their clients receive fair compensation.

The process begins with understanding what constitutes pain and suffering. It includes not only physical pain but also emotional distress such as anxiety, depression, loss of enjoyment of life, insomnia, or even post-traumatic stress disorder (PTSD). These are intangible losses that can significantly impact a person’s quality of life.

Personal injury attorneys use both objective and subjective factors to calculate these damages. Objective factors include medical reports detailing the extent of physical injuries, treatments received, prognosis for recovery, and any permanent impairment. These documents provide concrete evidence about the severity of the physical harm suffered by their client.

On the other hand, subjective factors require more nuanced consideration as they relate to non-economic damages like emotional distress or loss of enjoyment in life. To determine these elements accurately, attorneys often rely on testimony from mental health professionals who have treated their client following the incident.

In some cases where victims suffer severe long-term effects from their injuries such as chronic pain or disability that prevents them from returning to work or engaging in activities they once enjoyed; personal injury attorneys may argue for higher compensation due to reduced quality of life.

Another method used by personal injury lawyers is known as ‘per diem’ calculation. In this approach, a specific dollar amount is assigned for each day a victim has had to endure pain and suffering since the occurrence until they reach maximum recovery.

However it’s important to note that there isn’t one universally accepted formula for calculating pain and suffering damages because every case is unique with its circumstances which makes it complex task requiring expert understanding of law practices along with empathy towards client’s situation.

Ultimately, the role of personal injury attorneys in determining pain and suffering damages is to advocate for their clients’ rights and ensure they receive fair compensation. They have to meticulously document all aspects of their client’s case, negotiate with insurance companies, and if necessary, present a compelling argument in court. Their expertise allows them to navigate the complexities of personal injury law, ensuring that their clients’ physical and emotional distress is adequately recognized and compensated.

Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699

Personal Injury Attorneys

admin