Based on the San Diego law, you can file a personal injury case when you go through any injury caused by another person's negligence or intentional action. However, there are specific terms you need to know while filing your case, and one such important term is "pain and suffering," which refers to the physical and emotional distress that has to go through due to the injury. The pain and suffering are counted among the non-economic damages and distinctive from the tangible loss. So, let's learn what types of pain and suffering are and how you will include them while filing a personal injury case.

What are the Types of Pain and Suffering?

There are several different types. The most common ones include:

  • Physical Pain and Suffering

Body pain that leads to discomfort and is a result of the injury falls under this category. It might be the immediate pain that one goes through after the accident or any physical discomfort that one has to endure throughout one's life due to the accident. It can also include fractures, surgeries, rehabilitation, or any chronic pain.

  • Mental Pain and Suffering

The injury can also have an emotional and psychological impact on the victim, which manifests in the form of anxiety, depression, sleep disturbance, or post-traumatic stress. One can also experience nightmares or develop a fear of being around a car, as every situation reminds them of the accident.

How to Calculate Pain and Suffering?

Pain and suffering are non-tangible damages, so quantifying them is impossible. No monetary value can be assigned as these are subjective and tend to vary from one case to another. So, certain factors have to be considered by the insurance companies and court to calculate the damage incurred by the individual in terms of these non-economic damages, such as:

  • The time to recover from the pain and suffering is prolonged, and it typically guarantees higher compensation as the more severe the injury, the more time it will take to heal.
  • If the individual cannot perform daily activities or enjoy life due to the injury, according to https://hhjtrialattorneys.com/, it also leads to higher compensation, as it impacts day-to-day life.
  • If the person suffers from chronic long-term pain or emotional distress, compared to any temporary discomfort, this accounts for more significant compensation.

Two Standard Methods to Calculate Pain and Suffering

There are two specific methods:

  • Multiplier Method

It involves multiplying the total economic damages by any number between 1.5 and 5, where the multiplier indicates the severity of the injury and how badly it has affected the individual.

  • Per Diem Method

The plaintiff's pain and suffering are assigned a daily dollar amount multiplied by the days the individual has been suffering or is expected to experience the pain.

Summing it Up

When it comes to proving pain and suffering, certain evidence can prove instrumental, such as medical records, personal testimonies, expert witnesses, photographs, or journals that can compellingly support the daily level of pain and emotional state. However, it also becomes essential to engage an experienced personal injury lawyer who can provide tailored guidance based on the situation and help seek fair compensation based on the calculation.