The Evolution of Pain and Suffering Damages in Personal Injury Cases

Let’s face it, accidents happen. And when they do, the physical injuries are often just the tip of the iceberg. The emotional toll, the constant ache, the disruption to your life – these things can linger long after the bandages come off. But how do you put a price tag on that kind of suffering?

You might be able to get money for them if your accident was someone else’s fault. But how do they figure out how much those icky feelings are worth? Believe it or not, the answer isn’t very simple. This whole idea of paying for pain and suffering has a long and interesting history, and that’s what we’re going to explore today.

We’ll also discuss how a personal injury lawyer can help if you’ve recently become a victim of an accident that left you with a considerable amount of pain and suffering to deal with.

Types of Pain and Suffering

The emotional suffering after an accident can touch every part of your life. It can make it hard to sleep, focus at work, or even connect with loved ones. While the physical pain might leave a clear mark, emotional hurt can be harder to measure.

But here’s the good news: the legal system recognizes this. Some common types of pain and suffering they consider include things like:

• Anxiety and fear
• Depression and sadness
• Anger and irritability
• Loss of enjoyment of life
• Sleep disturbances
• Humiliation and embarrassment
• Loss of consortium (impairment of marital relations)

How the Legal System Values Pain and Suffering Over Time

The recognition of pain and suffering as compensable damages in personal injury cases is a relatively recent development. Early legal systems focused primarily on tangible losses, like medical bills and lost wages. Here’s a glimpse into the evolution of pain and suffering damages:

• Early Challenges (18th & 19th Centuries): Courts were hesitant to award compensation for something as subjective as pain and suffering. They argued that it was difficult to quantify and could lead to fraudulent claims.
• The Rise of Jury Discretion (Late 19th & Early 20th Centuries): As public opinion shifted towards recognizing the full impact of an injury, juries were granted more discretion in awarding pain and suffering damages. This shift acknowledged the limitations of a purely economic approach to damages.
• The Development of Standards (Mid-20th Century): Courts began establishing guidelines to help juries determine pain and suffering awards. These guidelines often consider factors like the nature and severity of the injury, the duration of pain, and the impact on the person’s life.

How Pain and Suffering Damages Are Calculated 

Lawyers use two main methods to figure out how much compensation you deserve for this non-monetary impact:

The Multiplier Method

This approach takes your economic damages and multiplies them by a number. This number reflects how severe and long-lasting your pain and suffering are. Think of it as a way to translate your physical and emotional struggles into a dollar amount.

The Per Diem Method

This method focuses on the daily impact of your injuries. Your lawyer might assign a dollar value to each day (or week) you experience pain and suffering. It’s a way of acknowledging that every day you live with the aftermath of the accident has value.

Wrapping Up

The idea of getting money for pain and suffering is a relatively new thing. Back in the day, the legal system mostly focused on physical injuries. But things have changed—we now understand how accidents can mess with your head just as much as your body.

Dealing with a personal injury case, especially the whole pain and suffering part, can be a real headache. That’s where a good lawyer comes in.

They can fight for your rights, gather evidence to show how the accident affected you, and make sure you get what you deserve for the physical and emotional pain you’ve been through.

*Don’t forget to download my #FREE Lifestyle APP Live a Well-Designed Life