Pain and Suffering Damages

Many accident victims do not realize they are entitled to “pain and suffering damages.”  At its most basic essence, pain and suffering describes both the physical and mental injuries suffered by an accident victim. Personal injury victims often suffer greatly from these non-economic damages.  More so than their economic losses.

Insurance companies try to save money by minimizing the value of your pain and suffering. They know there is no set formula to calculate non-economic damages, so they often make lowball offers hoping injury victims don’t know any better.

If you have been involved in a car accident and are worried about insurance negotiations, a Phoenix car accident lawyer at Gage Mathers Law Group is the answer to your concerns.

What is Pain and Suffering in a Personal Injury Claim?

Many people use “pain and suffering” to describe all non-economic damages suffered after an accident. In that case, pain and suffering includes:

• Physical pain you experience from your injuries;
• Mental or emotional suffering, including grief, emotional distress from humiliation or shame from how other see you, from your injuries;
• Discomfort, which includes the mental pain you experience from your injuries;
• Disability, including the inability or decreased ability to do activities of daily living;
• Disfigurement, such as permanent scarring limb difference;
• Anxiety, which can include worrying about the future, concern about your safety or the safety of others;
• Diminishment in relationships with children or spouse; and
• Loss of enjoyment of life for losing the things you enjoyed doing before, including becoming more isolated or sedentary.

In Arizona, you have the legal right to be compensated for each and every one of these aspects of your non-economic damages. You should be compensated when someone else is responsible for your inability to lead a normal life due to physical or mental trauma from an accident.

What are Non-Economic Damages?

Pain and suffering constitute a category of non-economic damages, encompassing intangible losses that significantly impede the victim’s quality of life. Referred to as general damages, these non-economic losses lack a specific monetary valuation but emanate from injuries attributable to another party’s negligence.

Most people, when valuing non-economic damages, use the economic damages as an anchor. This is called the Multiplier Method. It involves assigning a number to the severity of your injury based on a scale from 0 to 5. They take this number and multiply it by your total economic damages to value your non-economic losses. Advocates tend to use the entire amount of your economic damages, including wage loss and property damage, while insurance adjusters tend to apply the multiplier to only your medical expenses.

Here’s a very generic, but not uncommon, example of the Multiplier Method:

Economic Damages = [$34,000 of medical expenses] + [$10,000 of lost wages] + [$6,000 of vehicle repairs] = $50,000

Non-Economic Damages (by your lawyer) = $50,000 economic damages X [2 multiplier] = $100,000

Non-Economic Damages (by an insurance adjuster) = $34,000 X [0.5 multiplier] = $17,000

As you can see, your lawyer will value your case around $150,000 and the insurance adjuster will value your case around $67,000.

This is a popular method used by insurance companies in personal injury claims, but unlike an insurance adjuster, we will take the time to factor in all of your economic damages before coming to a final figure.

What Type of Evidence will I Need to Prove Pain and Suffering?

Proving pain and suffering is more challenging than proving economic losses. Therefore, you need compelling evidence because your subjective experience becomes a pivotal factor in determining the amount of compensation. To establish a solid case for pain and suffering, various types of evidence should be gathered and presented:

• Medical records are the foundation of most pain and suffering claims. These records can include doctor’s notes, diagnostic reports, and treatment plans that explicitly detail the physical and psychological impact of the injury. The opinions of health care providers can significantly strengthen your case, providing an authoritative perspective on your ongoing pain and suffering.
• Photographic and video evidence provides a visual representation of your injuries and their consequences. This can include images of bruises, wounds, or any visible signs of distress. You want to be able to show the jury, in vivid detail, the tangible aspects of the pain and suffering you experienced.
• Witness testimony helps corroborate your account of your pain and suffering. Statements from friends, family, colleagues, or even your coffee barista can be invaluable to demonstrating the changes you’ve experienced. This can include changes in your behavior, mood, or physical abilities. Additionally, expert witnesses, such as psychologists or therapists, can provide insight into the emotional and psychological toll of your injuries.
• A pain journal can provide a personal and detailed account of the day-to-day struggles and challenges posed by your injuries. This contemporaneous record can serve as a powerful tool to demonstrate the ongoing nature of your pain and suffering.

A car accident attorney will be able to assist you in gathering this documentation. At Gage Mathers Law Group, we have the experience and skills to obtain information that may not be easily accessible.

Is There a Limit on Pain and Suffering Damages in Arizona?

No.  Approximately a dozen states have a damage cap on personal injury and wrongful death cases. Thankfully, Arizona is not one of them.  There is no limit on how much compensation you can receive for pain and suffering damages in your personal injury case.

How Can a Phoenix Car Accident Lawyer Help Me?

A skilled Phoenix car accident Lawyer brings valuable experience in navigating interactions with insurance companies and their adjusters. Without proper legal representation, there’s a risk of getting stuck with a less-than-fair settlement offer.

Personal injury lawyers employ effective strategies in negotiations with insurance carriers, and entrusting your attorney to advocate on your behalf provides the optimal opportunity for receiving just compensation.

Moreover, a personal injury attorney is committed to protecting your interests, and if necessary, they are prepared to take your case to trial without hesitation. Well-versed in court procedures and deadlines, they diligently handle all necessary forms and paperwork, ensuring timely and accurate filings.

It’s worth noting that insurance companies typically prefer avoiding courtroom proceedings due to the potential for higher payouts compared to private settlements. Having a personal injury attorney by your side not only safeguards your rights but also increases the likelihood of a fair resolution without the need for protracted legal battles.

Contact a Phoenix Car Accident Lawyer 

At Gage Mathers Law Group, we believe providing clients with the best legal counsel requires an aggressive approach. If you have been hurt in a car accident, you need an attorney who will fight for the compensation you desperately need and deserve.

By hiring us, you are telling the insurance company that you are not afraid to put up a fight. Contact us today to schedule your free consultation.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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