If you have been injured in an accident that was someone else’s fault, you may be entitled to financial compensation. There are many different types of compensation available, of which pain and suffering is just one. Unlike other types of damages, those for pain and suffering are more difficult to calculate. There are also different methods for calculating damages for pain and suffering, so it is important to work with a West Virginia personal injury lawyer who can accurately value your claim.
Types of Damages in Personal Injury Cases
Generally speaking, there are two types of damages available in personal injury cases. These are economic and non-economic damages.
Economic damages are easy to calculate, as they have an actual dollar value. Medical expenses, lost income, and loss of household services are a few common types of economic damages.
Non-economic damages are not as easy to quantify, as they do not have a concrete dollar value. Still, these are losses suffered as a result of an accident and you deserve compensation for them. Pain and suffering is one of the most common types of non-economic damages. Unlike economic damages, you do not have to prove the extent of your pain and suffering, nor do you have to show that you have suffered extraordinary pain and suffering.
The purpose of damages in personal injury cases is to help restore the victim to the position they were in before an accident. While financial compensation cannot undo an injury, it can help restore victims to the position they were in before the accident. For example, damages for lost income can compensate accident victims for the salary or wages they lost while they were recovering. Likewise, damages for pain and suffering can compensate accident victims for the physical pain and emotional suffering they endured due to the accident.
What are Pain and Suffering Damages?
Damages for pain and suffering are very broad. They are meant to compensate accident victims for the physical pain they experienced due to their injuries, as well as the emotional distress caused by the injury or accident. Common examples of emotional distress experienced by accident victims include:
- Depression
- Anxiety
- Sadness
- Post-traumatic stress disorder
- Humiliation
- Grief
- Insomnia
- Emotional effects of chronic pain
The above are just a few of the most common types of emotional distress accident victims deserve compensation for.
Caps on Pain and Suffering Damages in West Virginia
Unlike other states, West Virginia does not cap, or limit, pain and suffering damages. The only exception to this is medical malpractice cases. When medical negligence causes injuries, non-economic damages are capped at $250,000. In any other type of personal injury claim, such as a car accident or slip and fall, pain and suffering damages do not have a cap.
Why Work with a Lawyer When Calculating Pain and Suffering Damages
The process of calculating damages for pain and suffering can significantly impact the amount of compensation accident victims receive. Many insurance companies have their own methods for calculating the amount of damages awarded. Many of these systems rely on software that analyzes the facts of a specific case and computes a target settlement amount. This software uses proprietary information that is only available to insurance companies.
Personal injury lawyers are accustomed to the strategies insurance companies use to reduce claims.
A lawyer will ensure that your damages for pain and suffering are calculated properly. When working with an attorney, they will take many factors into account when calculating the damages you deserve for pain and suffering. These include:
- The severity of your injuries
- Whether you have suffered long-term disabilities
- Your current medical needs, and any treatment you will require in the future
- Whether you can return to work, or if you have to return to work in a reduced capacity
- The impact your injuries have had on your ability to enjoy life
- The limit of the insurance policy
- Whether you contributed to the accident
Calculating the damages available in a personal injury claim is never easy. Accurately valuing damages for pain and suffering is especially challenging because these losses do not have an actual dollar value. A lawyer will know what method to use to accurately value your claim and ensure that you receive the full and fair damages you are entitled to.
Call Our Personal Injury Lawyers in West Virginia Today
While some types of compensation, such as medical expenses, are easy to calculate in personal injury claims, those for pain and suffering are much more difficult. This is because they do not have an actual dollar value. This is why it is so important to work with a West Virginia personal injury lawyer. At Kaufman & McPherson, our seasoned attorneys can review the facts of your case and account for all current and future damages you will incur. We fight for you so you can focus on your recovery and getting better. Contact us to schedule a free case evaluation and to learn more about how we can help.