What is Pain and Suffering?

Pain and Suffering

Pain and suffering is one of the most common and important non-economic damages in personal injury cases. In legal terms, pain and suffering refer to the physical and emotional distress a person endures following an injury caused by someone else’s negligence. Learn about this legal term, why it’s significant in legal claims, and how Steinger, Greene & Feiner can help you win maximum compensation.

The Types of Pain and Suffering

As mentioned above, pain and suffering refer to the mental and physical agony and discomfort resulting from someone else’s negligence. This can be anything resulting from a car crash to a slip-and-fall accident. They are typically categorized into two categories during legal claims.

Physical Pain and Suffering

According to the National Institute of Neurological Disorders and Stroke (NIH), pain is classified as an “unpleasant sensory and emotional experience.” Physical pain and suffering refer to the temporary or chronic pain your body experiences after an injury. This may include the pain from the injury or loss of enjoyment of life due to the extent of the pain caused. 

Compensation can be collected for physical pain and suffering linked to:

  • Back pain
  • Muscle pain
  • Neck pain
  • Headaches
  • Chronic pain from broken or fractured bones

For example, if someone sustains a broken leg in a car accident, the pain from the fracture and the limitations in mobility during the recovery period would constitute physical pain and suffering. 

If you or a loved one is dealing with physical pain following a personal injury, contact a reputable lawyer at Steinger, Greene & Feiner.

Mental Pain and Suffering

Mental pain and suffering may not be visible, but it still warrants compensation. This type of pain and suffering can include:

  • Anxiety
  • Depression
  • Grief
  • Anger
  • PTSD
  • Insomnia
  • Cognitive changes
  • Other psychological symptoms

A classic example of mental pain and suffering is the fear and emotional distress someone may experience whenever they have to drive or even think about the accident. That being said, there are many different types of pain and suffering examples—and an experienced personal injury attorney can help.

Contact Steinger, Greene & Feiner for legal assistance and guidance when obtaining compensation for mental and emotional distress. Our lawyers are on call and ready to help. Get in touch for a free consultation.

How is Pain and Suffering Calculated? 

It’s hard to put a dollar value on pain and suffering since every personal injury case varies. After all, how do you determine the price of a headache or backache? That’s where an experienced lawyer comes into play.

Unlike economic damages, non-economic damages are not measurable. However, calculating pain and suffering can be achieved by the following methods.

The Multiplier Method

The multiplier method involves multiplying economic damages, such as medical bills and lost wages, by a set number to determine pain and suffering. Depending on the severity of your injuries, the multiplier is typically between 1.5 and 5. 

As an example, if you’ve suffered a traumatic injury that cost you $100,000 in economic losses, you could be entitled to five times that amount. The attorneys at Steinger, Greene & Feiner are well-versed in calculating costs through the multiplier method.

The Per Diem Method

The per diem method involves a set dollar amount for each day the pain continues. Wages are most commonly used. For example, if you’re in pain for 100 days and make $100 a day, that dollar amount will be multiplied by 100. Our attorneys have successfully calculated compensation based on the per diem method.

We understand that calculating pain and suffering can be incredibly confusing. That’s why we’re available to hop on a free, confidential consultation. Discuss your case with an experienced lawyer and see how much your compensation can be with the guidance of Steinger, Greene & Feiner.

How Can You Prove Pain and Suffering?

Physical and emotional pain can absolutely be proven. However, proving pain and suffering can be tricky, especially if you don’t have an experienced lawyer representing you. The best way to prove your case is to present concrete evidence that reflects your non-economic damages.

What You’ll Need

If you’re proving pain and suffering in a personal injury case, you’ll need some important documents and records. These are medical records, expert testimony, relevant photographs or videos, and even a personal diary outlining the hardships you’ve endured. 

Additionally, photographs, videos, and other documentation can help shed light on the severity of the injury and its consequences. You should also have medical records and a police report on hand, which can be used to your advantage when obtaining compensation.

Contact an Experienced Personal Injury Lawyer

Having a personal injury lawyer represent you can make a night and day difference. An experienced attorney can gather relevant evidence, enlist expert witnesses, and present a compelling case to prove your pain and suffering.

Pain and suffering are some of the most distressing consequences following an accident. They can either be temporary or chronic, depending on the severity of the injury sustained. 

Even though calculating the cost can be tough to achieve, the lawyers at Steinger, Greene & Feiner do it every day. It’s our job to win you maximum compensation.

Call Steinger, Greene & Feiner For a Free Consultation

Don’t wait to seek legal assistance following an accident that resulted in an injury. Our lawyers have a proven track record of successful settlements and a long list of five-star reviews

Whether you were injured in a car accident, trucking accident, or something else, we’re here to take on your case. The best part is that we work on a contingency fee basis, meaning you don’t pay us a penny unless we win your case. Ensure your rights are protected and get legal representation today. You have nothing to lose.

About the Author

Michael Feiner
Michael Feiner

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Michael A. Feiner is a partner in the Fort Lauderdale office of Steinger, Greene & Feiner. Since being admitted to the Florida Bar in 2001, Michael has devoted his practice to representing plaintiffs throughout Florida in various tort and strict liability cases and has successfully litigated cases against national insurance companies, large public companies, and governmental agencies, resulting in tens of millions of dollars for his clients. He has handled all types of personal injury and wrongful death cases on behalf of plaintiffs, including automobile negligence, premises liability, medical malpractice, product liability, dog bites, and sexual harassment. Michael’s product liability case against Microsoft, as well as his representation of victims of sexual harassment and abuse by physicians, has garnered him important media attention at both the local and national levels. Michael is an experienced trial lawyer and successfully argued an appeal to the Fourth District Court of Appeal. In the reported decision Ortlieb v. Butts, 849 So.2d 1165 (Fla. 4th DCA 2003), Michael persuaded the Fourth District Court of Appeal that a directed verdict on liability was appropriate where the defendant did not rebut the presumption of negligence of a rear driver in a rear-end collision.