Fairfield Pain and Suffering Lawyer
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If you suffered injuries in an accident, you might be wondering whether you’re entitled to money for pain and suffering. It’s something you hear about all the time on T.V. and in movies. But what are pain and suffering damages? Do you need a Fairfield car accident lawyer?
Acquiring compensation for pain and suffering can be a complex process. However, with the right legal guidance, getting the justice you deserve isn’t out of reach. Our team of experienced Fairfield personal injury lawyers understands that every personal injury case is unique. Calculating damages for pain and suffering depends entirely on the nature of the incident and the severity of the injuries.
What is Compensation for Pain and Suffering?
The compensation or monetary settlement you receive for pain and suffering in a personal injury case is for everything you have to “go through,” whether physically or emotionally, which would never have occurred otherwise if it weren’t for the relevant incident.
Unlike economic damages, which cover lost wages or medical bills, these damages include emotional turmoil, chronic pain, and a reduced quality of life.
It’s important that our clients understand that there is no set standard for calculating pain and suffering damages. The value of damages largely depends on the judge or jury’s assessment of each case.
Judges or juries will take numerous factors into account, including:
- The severity of the injury
- The extent of pain experienced
- The prognosis for recovery
In cases like these, having the proper legal guidance is essential.
Proving Pain and Suffering in Fairfield, CT
In your typical personal injury case, calculating actual damages is relatively straightforward. The figures are based on tangible bills, receipts, and employment records. However, proving non-economic damages in Connecticut from pain and suffering can be more challenging.
Providing ample evidence and documentation to the insurance company or court is key. Effective documentation can support the credibility of your claim and maximize your potential compensation for pain and suffering.
Here is a short list of potential evidence or documentation we’d recommend keeping for your case:
- Medical Records: Detailed reports from doctors, therapists, or other healthcare providers that detail injuries or the expected recovery process.
- Personal Logs: A written diary recording your daily levels of pain and how they impact your everyday activities and mood.
- Psychological Evaluations: Professional reports from psychiatrists or psychologists detailing any mental health issues stemming from your injury, such as depression or PTSD.
- Testimonies from Friends and Family: Statements from those whom you are close with that can illustrate the changes in your well-being.
If you’re struggling with a personal injury case here in Fairfield, CT, contact our team at Brill Law Group today. See how we can get you the compensation you deserve.
How to Calculate Damages for Pain and Suffering in Fairfield
When calculating damages for pain and suffering in a personal injury case, judges, juries, and insurance companies must consider a variety of factors, including:
- The severity of the injury
- Duration of pain
- Expected recovery time
- Impact on daily life
- Psychological effects
- Employment
Though each case involving compensation for pain and suffering is unique and calculations are inherently subjective, there are typically two methods used to determine compensation — the Multiplier Method and the Per Diem (Daily Rate) Method.
Multiplier Method
The multiplier method involves taking economic damages, such as lost wages or medical expenses, and multiplying them by a number between 1.5 and 5 to calculate the total compensation. The specific multiplier used depends on several factors, including the severity of the injury and its impact on your life.
For example, if an individual incurred $50,000 in medical bills after a car accident, losing $20,000 in wages because of it, the total economic damages would amount to $70,000. A judge might consider these damages moderate to severe and decide that a multiplier of 3 is appropriate. Therefore, the calculation would look like this:
Total Economic Damages x Multiplier = $70,000 x 3 = $210,000
$210,000 would represent the actual compensation for pain and suffering atop the economic costs.
Per Diem Method
Unlike the multiplier method, which scales economic damages using a single factor, the per diem method assigns a specific dollar amount to each day the injured party suffers from that injury until they reach maximum medical improvement.
The courts will establish a daily rate based on your injury or daily earnings. Maximum medical improvement (MMI) is the stage at which the injury or condition will no longer improve with or without medical treatment. Think of this as full recovery, regardless of if you’ve returned to your health status pre-injury.
Hire a Personal Injury Lawyer in Fairfield, CT
It’s important to remember that every injury case is different. There isn’t a “one-size-fits-all” rule for determining pain and suffering. It may be wise for you to speak with a qualified and experienced lawyer to find out about your options.
If you’ve suffered a personal injury because of an accident, you may be entitled to compensation for pain and suffering.
Contact our professional legal team for a free consultation and to learn more about how we handle damages in complex personal injury lawsuits.