How to Calculate Pain and Suffering in Your Personal Injury Claim

Free Case Evaluation
100% Secure & Confidential
5-Stars
4.8 Google Rated

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.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

Call 304-842-4300
Available 24/7

Get in touch with us today

Speaking with a lawyer about your case is 100% free and easy. We will review the facts of your case and advise you on how our firm can help. There is no obligation and if you decide to hire us, you won’t owe us anything unless we are successful for you.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Award winning attorneys

Everyday we work to improve ourselves and we’re proud of our successes.

Free Case Evaluation
100% Secure & Confidential
image 26
image 23
image 24
image 21
Lead Counsel Verified

Available 24/7
304-842-4300

Free Case Evaluation

Free Case Evaluation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.