Pain And Suffering Lawyer: Seeking Full Compensation (2024)

Pain and Suffering Losses

Pain and suffering losses are often characterized as shady by insurance companies and their defense lawyers. However, the law recognizes that injuries cause physical and mental distress that go beyond their monetary costs.

For example, pain can keep you awake at night or prevent you from finding a comfortable position when you drive. Your injuries might cause anxiety about how you will pay your medical bills. Disabilities could rob you of the ability to play with your children.

Pain and suffering losses are, by definition, non-economic, meaning they do not come with a price tag. Instead, insurers and jurors are supposed to use their common sense and sense of fairness to compensate you for all the intangible losses you suffered.

How a Pain and Suffering Lawyer Helps You

A personal injury lawyer analyzes your losses and presents your case for pain and suffering compensation after an injury. Every state has unique laws about pain and suffering losses and their value. An attorney provides the following services:

Analyze Your Eligibility for Pain and Suffering Compensation

Some states do not allow pain and suffering compensation in certain cases. For example, most states require the plaintiff to suffer a physical injury to seek pain and suffering compensation. For example, an uninjured passenger in a minor car accident might not have the right to claim pain and suffering losses in these states.

However, this limitation often includes exceptions. Some states allow pain and suffering compensation for people who are in the zone of danger. For example, if you were in a building during a gas explosion and escaped unharmed, you might have a claim for pain and suffering losses.

Another exception applies to people who see a family member suffer a serious or fatal injury. Suppose that a commercial truck crashes into a vehicle carrying a married couple. The surviving spouse might have a pain and suffering claim if they saw the other spouse die in the crash.

Some states have an additional hurdle to overcome to seek pain and suffering compensation in car crash cases. States with no-fault insurance usually bar all lawsuits for minor car accidents. In these states, crash victims cannot seek money for their pain and suffering unless their injuries are severe enough to meet the state’s “serious injury” threshold.

For example, an auto lawyer can only seek pain and suffering damages when the victim suffered any of the following losses:

• Death

• The loss of a body member

• Permanent and serious disfigurement

• The loss of sight or hearing

• A fracture

• At least $2,000 in medical expenses

Thus, a personal injury attorney will need to analyze your case under your state’s laws to determine whether you are eligible to seek pain and suffering compensation for car accidents.

Estimate Your Pain and Suffering Losses

Although state laws provide little guidance to jurors, an experienced attorney can estimate your losses based on the following factors:

• Duration of your injuries, with permanent injuries receiving greater compensation

• Severity of your injuries where more profound injuries justify more compensation

• Effect of your injuries on your quality and enjoyment of life

• State damages caps

Severe and permanent injuries will justify the greatest compensation. For instance, permanent damage to the brain or spinal cord will warrant higher payouts because these injuries have the greatest impact on the victim’s quality of life.

However, less severe injuries will still justify compensation. Massachusetts, for example, includes disfigurement as one of the exceptions to its no-fault system. A crash victim with burn injuries can seek compensation for the physical and mental pain and suffering caused by their burn scars.

A major consideration in some states when estimating pain and suffering losses is the state’s damages cap. Most states do not cap pain and suffering damages. However, a handful of states cap pain and suffering compensation in medical malpractice cases, and a few states cap this compensation in all cases.

For example, Colorado imposes a cap on pain and suffering awards, with the exact cap adjusted for inflation. Idaho has a similar inflation-adjusted cap on these awards.

These caps are not designed for fairness. Instead, they are designed to keep insurance rates in the state low. For example, if a malpractice insurer knows that it will not pay more than $250,000 in pain and suffering damages, it will, in theory, charge lower medical malpractice premiums.

Negotiate With Insurers

Most injury cases start with an insurance claim. Because of the non-economic nature of pain and suffering, a lawyer may need to negotiate aggressively to get a fair settlement that includes pain and suffering. Specifically, most insurers will offer a low settlement that only covers financial losses, like medical bills. The lawyer must fight to get more for non-financial losses like pain and suffering.

Finding a Pain and Suffering Attorney

Injury lawyers are easily found in most states. However, picking the right attorney for your case may require more than searching for a “pain and suffering lawyer near me” online. You will find many experienced and knowledgeable lawyers. However, you also need a lawyer you can work with.

Former and current clients often provide a good resource for finding a lawyer. Talk to family members and friends about their experiences with injury lawyers. They can tell you about the lawyer’s client-handling skills, like informing clients about the status of their cases. These skills are frequently as important as a lawyer’s experience and legal knowledge.

Contact ConsumerShield for a Lawyer Referral

Non-economic losses can be substantial, particularly when you or your loved one suffers a catastrophic or permanent injury. ConsumerShield helps injured people understand their rights and find lawyers for their cases. Contact us for a free case review.