How to Seek Compensation for Pain and Suffering

If you suffer injuries in a Delaware personal injury accident, you deserve justice and compensation for your damages. Some of your damages may include medical bills, lost income, property damage, and pain and suffering. Out of these , pain and suffering is one of the most difficult to calculate; but that does not mean that it should be ignored or left out of your claim.

At Silverman, McDonald & Friedman, we have the resources to determine how much your pain and suffering is worth, and we can fight for your right to this compensation. Call the firm in Seaford, Newark, or Wilmington to find out how to get started today.

What are pain and suffering damages?

Pain and suffering damages are non-economic damages, meaning that they are damages that do not have an easily quantifiable monetary value in a personal injury case. However, they are still as important, if not more so, as your economic damages. If you are unsure about whether you have eligible pain and suffering damages, it is important that you take the time to sit down and think about the ways that your personal injury has negatively affected you. If you think you’ve suffered mental or emotional pain from the accident, there is a strong possibility that you can claim pain and suffering damages.

Examples of pain and suffering

After an accident, you and your passengers may experience very different types of pain and suffering. Therefore, it is crucial to know and understand what could be considered for compensable pain and suffering damages. Here are some examples of pain and suffering that could warrant compensation:

• Emotional distress
• Mental anguish
• Anxiety
• Depression
• Post-traumatic stress disorder
• Back pain
• Shoulder pain
• Neck pain
• Headaches
• Muscle pain
• Chronic pain
• Disability
• Disfigurement
• Shock
• Fear
• Paranoia
• Embarrassment
• Humiliation
• Loss of quality of life
• Loss of enjoyment of activities

How is pain and suffering calculated?

There are two different methods typically used to calculate pain and suffering: the multiplier method and the per diem method. We will go over both methods below.

1. Multiplier method: When the multiplier method is used, your economic damages (medical expenses, property damage, and lost wages) are multiplied by a number between 1.5 and 5. The number chosen depends on how severe your injuries are. For example, if you lost $100,000 in economic damages due to a severe burn injury, your attorney would likely choose the multiplier as 4 or 5, which equals $400,000 or $500,000.
2. Per diem method: The per diem method uses a set number for each day that you experienced or experience pain and suffering. Some insurance companies or attorneys use your work income per day as the number. Therefore, if you make $200 per day and you are expected to experience chronic pain for 90 days, your total would be $18,000.

How to seek compensation for pain and suffering in Delaware

In order to successfully seek compensation for pain and suffering in Delaware, you will typically need to:

• Get medical treatment: After an accident, it is very important that you visit a licensed healthcare provider. Even if you think that your injuries are minor or will quickly heal, you should get medical assistance and ensure that your injuries are on record. This includes visiting a psychologist, counselor, physical therapist, or any other type of specialist that may assist you with emotional, mental, or physical pain.
• Start documenting your pain and suffering: Next, you should start documenting your pain and suffering. This may be a journal or diary that you write in about any hardships you have faced since the accident. For example, if you had horrible back aches last week or you felt like you were so depressed that you could not get out of bed today, it is critical that you write about it. This information can be used to show the insurance company or jury what you have mentally and physically gone through since the accident.
• Speak with and hire an attorney:Speak with an attorney as soon as possible. An attorney who has experience in personal injury accidents can help you determine how much your pain and suffering is worth, ensure that it is included in your claim, and stand up and fight for your right to this compensation.
• File a personal injury claim: After you hire a lawyer, they will look over your case and may file a claim on your behalf. It is recommended to allow your lawyer to handle all forms of communication with insurance companies to ensure that you do not say anything that could be used against you.
• Collect evidence: Your attorney will need to collect convincing evidence. Your evidence should show how your pain and suffering is directly related to your accident and how it has affected your quality of life. A few of the most common pieces of evidence used to do this are medical bills, doctor reports, psychologist or counselor records, photos, videos, witness statements, and journal entries.
• Negotiate: Your attorney may deliver a demand for damages you need to cover your pain and suffering to the defendant or their insurer. Settlement negotiations may take a lot of time back-and-forth, but it is worth it to obtain a fair compensation amount in the end.
• Prepare to file a lawsuit and go to trial: If the insurance company refuses to cooperate and provide fair compensation, your attorney may suggest filing a lawsuit. When this happens, you and your attorney will prepare to go to trial and prove the pain and suffering you have endured to the judge or jury.

Securing compensation for pain and suffering is possible with an experienced and knowledgeable personal injury lawyer.  If you would like to learn more about filing a claim and getting compensated for your pain and suffering, the attorneys at Silverman, McDonald & Friedman are here to help. All you have to do is call our office or submit our contact form to schedule a free and confidential case review at your earliest opportunity. Our team is available to assist you in various parts of Delaware, including Newark, Oxford, and Seaford.