Yes, pain and suffering damages are separate from medical bills in personal injury case. These damages are subjective and may not have a specific monetary value like medical bills.
If you or a loved one has suffered an injury due to someone else’s negligence, you may be entitled to compensation for pain and suffering by filing a personal injury claim. Our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Attorneys, can represent you to recover damages including pain and suffering compensation.
We pride ourselves on providing easy to understand answers to questions like “Is pain and suffering separate from medical bills?”
In this Article
What is Pain and Suffering?
Pain and suffering is defined as the physical and emotional distress experienced as a result of an accident or injury. This can include physical pain, mental anguish, loss of enjoyment of life, emotional distress, anxiety, depression, and other effects on a victim’s well-being.
How Are Medical Bills Different from Pain and Suffering Damages?
Medical bills are concrete expenses that have a specific dollar value attached to them. These include hospital visits, surgeries, medications, therapy sessions, and other related costs.
On the other hand, pain and suffering damages in personal injury lawsuits are subjective and do not have a specific monetary value. A pain and suffering award can vary depending on the severity of the physical injury itself, the impact on the victim’s life, and other factors.
Types of Pain and Suffering in a Personal Injury Lawsuit
While your medical bills cover procedures to ease your “pain and suffering,” this term has broader meaning in a civil case. It refers not only to pain from physical injuries and also mental anguish including, but not limited to:
How is Compensation for Pain and Suffering Determined?
Unlike medical bills or lost wages where there is a dollar value that can be added up based on actual expenses incurred for medical treatment, calculating pain and suffering can be more complex because they are considered non-economic damages.
Pain and suffering is usually calculated by an experienced lawyer, insurance company, or jury in one of two ways:
Per Diem Method: This approach assigns a daily monetary value to the suffering endured by the individual. The duration of suffering is estimated in days. A number—the daily rate—is then multiplied by the number of days the person has experienced pain.
Multiplier Approach: In this method, the total medical expenses incurred due to the injury are multiplied by a certain factor, typically ranging from 1.5 to 5, depending on the severity and permanence of the injury.
Can I Claim Pain and Suffering for the Loss of a Loved One?
Yes, in wrongful death cases, family members may be entitled to claim damages for pain and suffering caused by the loss of a loved one. Beyond economic damages, the award can include the emotional anguish experienced by the family.
How Do I Prove Pain and Suffering in Court?
To prove pain and suffering in court, you and your personal injury attorney must present credible evidence showing physical and emotional distress. This includes:
Medical records of your severe injuries and treatments, testimony from healthcare professionals, and personal accounts of your suffering.
A detailed journal of your pain, emotional struggles, mental health, and changes in daily life can be powerful evidence.
Witness statements from friends or family may also strengthen your case.
The goal in personal injury cases is to provide a clear picture of how the injury has impacted your well-being.
Contact The Kryder Law Group, LLC Accident and Injury Lawyers
If you’ve been injured due to someone else’s negligence, you may be entitled to recover compensation including an award for pain and suffering. Contact us today for a free consultation with a skilled personal injury lawyer who will review your case, outline your options, and answer your questions.
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