Should You File a Pain and Suffering Claim Without a Lawyer?
When facing the physical, emotional, and financial toll of an injury caused by someone else’s negligence, the decision to pursue a pain and suffering claim can be a critical one. Pain and suffering claims seek financial compensation for the diminished quality of life resulting from an accident or injury.
While filing a pain and suffering claim without a lawyer is possible, hiring a personal injury lawyer will make it easier to navigate the complicated claims process. Having an experienced attorney by your side will maximize your chances of a successful claim.
In this article, we will discuss:
- What is pain and suffering in a personal injury claim?
- How much value does pain and suffering add to a claim?
- Case study: newlywed incurs pain and suffering from a rear-end collision
- Why is hiring a lawyer crucial?
Experiencing pain and suffering due to an accident?
What is Pain and Suffering in a Personal Injury Claim?
Pain and suffering in a personal injury claim refer to the physical and emotional suffering endured by a victim as a result of an accident or injury caused by another party’s negligence or wrongful actions.
It is a form of non-economic damage sought by the injured party to compensate for the intangible losses they have experienced, which may not have a specific monetary figure. Unlike economic damages, which cover tangible costs such as medical expenses and lost wages, pain and suffering attempt to quantify the subjective and personal impact of the injury on the victim’s life.
Types of pain and suffering in a personal injury claim include:
Physical Pain
This includes the actual physical discomfort, chronic pain, and suffering due to injuries. It encompasses any physical pain or limitations, as well as any ongoing discomfort during the recovery process.
Emotional Distress
Emotional distress refers to the psychological impact of the accident or injury. This may include feelings of fear, anxiety, depression, post-traumatic stress disorder (PTSD), or any other mental and emotional pain experienced.
Loss of Enjoyment of Life
This element of pain and suffering seeks to compensate the victim for the loss of the ability to participate in activities and hobbies they enjoyed before the injury. It accounts for the diminished quality of life resulting from the accident.
Loss of Consortium
In some cases, the injury may impact the victim’s relationships with their spouse or family members, leading to the loss of companionship, support, or intimacy. This aspect can be included in the pain and suffering claim.
Calculating pain and suffering damages is more subjective than calculating economic damages, as there are no fixed bills or receipts to rely on.
Attorneys, insurance companies, and courts typically consider various factors, such as the severity of the injuries, the duration of recovery, the long-term effects on the victim’s life, medical records, and the expert testimony of medical and mental health professionals, to determine an appropriate amount for pain and suffering compensation.
How Much Value Does Pain and Suffering Add to a Claim?
The value of pain and suffering in a claim varies significantly based on several factors, including:
- the jurisdiction in which the claim is being made,
- the severity and duration of the pain and suffering experienced by the individual,
- the nature of the injury or harm caused, and
- the specific circumstances of the case.
In some legal systems, there are no specific limits on the amount that can be awarded for pain and suffering, while in others, there may be statutory caps or limits on these damages.
In general, the more severe and long-lasting the pain and suffering, the higher the potential value of the claim.
To determine the value of pain and suffering, insurance adjusters, attorneys, or judges may use various methods, including:
1. Multiplier Method – This method involves multiplying the economic damages (medical expenses, lost wages, etc.) by a certain factor (usually between 1.5 to 5) to arrive at the pain and suffering amount.
2. Per Diem Method – In this approach, a specific daily rate is assigned to the pain and suffering experienced, and it is then multiplied by the number of days the person endured the pain and suffering.
3. “Loss of enjoyment” Analysis – This considers how the injury or harm has affected the individual’s ability to enjoy life and engage in activities they previously enjoyed.
4. Comparative Analysis – The value of pain and suffering in similar cases that have been decided in the past may be used as a reference point.
Calculating the value of pain and suffering can be complex. In some cases, juries may be involved in determining the amount of compensation. Therefore, it is in your best interest that you hire an experienced attorney to handle the legal procedures related to your claim.
Case Study: Newlywed Incurs Pain and Suffering From a Rear-End Collision
Our young client, who was in the beginning stages of their marriage, was the unfortunate victim of a rear-end collision. The actions of the negligent party caused our client to sustain significant physical injuries to his spine, neck, wrist, leg, shoulder, and more.
The injury to their wrist has made simple tasks, such as brushing their teeth or getting dressed, difficult. Our client also had a very active lifestyle prior to the injuries, enjoying various sports as recreation. In addition, his new marriage also suffered greatly from the accident, as the injuries have made it difficult for them to be intimate with his partner.
Also noted were changes in his temperament and eating habits. These emotional injuries severely impacted his quality of life, causing great psychological damage and trauma.
Due to our client’s extensive mental and emotional distress, Farahi Law Firm was able to recover $200,000 in compensatory damages for their pain and suffering.
Why is Hiring a Lawyer Crucial When Filing a Claim For Pain and Suffering?
Filing a pain and suffering claim without lawyers to help you could reduce your chances of recovering maximum compensation.Having a personal injury attorney by your side during this difficult time may prove useful for the following reasons:
Legal Expertise
Personal injury laws can be complex and vary significantly from one jurisdiction to another. An experienced attorney specializing in personal injury claims understands these laws and can navigate the legal system effectively on your behalf.
Evaluation of Claim Value
Determining the appropriate value for pain and suffering is challenging. A skilled attorney can assess the full extent of your losses, including both economic and non-economic damages, to ensure that you pursue fair and adequate compensation.
Gathering Evidence
Building a strong case for pain and suffering often requires extensive solid evidence, such as medical records, expert testimonies, witness statements, and documentation of how the injury has impacted your life. A lawyer can gather and organize this evidence to strengthen your claim.
A lawyer will also have access to a variety of experts such as several kinds of doctors, accident reconstructionists, and more.
Negotiation Skills
Insurance providers are often focused on minimizing payouts. Having a lawyer can level the playing field during negotiations. They can skillfully advocate for your rights and ensure that you do not settle for less than you deserve.
Filing Deadlines and Procedure
Claims for pain and suffering have specific statutes of limitations, which means you must file within a certain timeframe. A lawyer will ensure that your claim meets all the necessary deadlines and follows the correct legal procedures.
In California, the statute of limitations for a personal injury claim is usually two years from the time of the accident.
Reducing Stress
Dealing with a personal injury claim can be emotionally taxing, especially when you are already coping with pain and suffering. Having a lawyer handle the legal aspects allows you to focus on your recovery and well-being.
Trial Representation
If negotiations between the two parties are unsuccessful, your accident lawyer may file a personal injury lawsuit on your behalf. If the case goes to trial, having a lawyer with trial experience is essential. They can present your case in court effectively, cross-examine witnesses, and make compelling arguments to maximize your chances of a favorable outcome.
Contingency Fee Arrangement
Many personal injury attorneys work on a contingency fee basis, which means they only get paid if they successfully recover monetary compensation for you. This arrangement can make legal representation more accessible since you won’t have to pay upfront attorney fees.
Experiencing pain and suffering due to an accident?
Cons of Not Hiring a Personal Injury Lawyer
Not hiring a personal injury lawyer to help with your pain and suffering claim can have several potential drawbacks:
- Inadequate compensation – Without legal representation, you may not understand the true value of your claim. As a result, you could settle for less than you deserve, being cheated out of your pain and suffering settlement.
- Limited legal knowledge – Not having a legal expert by your side might lead to misunderstandings or misinterpretations of laws and regulations relevant to your case.
- Stress and emotional burden – Handling a claim can be emotionally taxing, and having an experienced attorney handle the legal aspects can relieve some of this burden.
- Potential for exploitation – A personal injury attorney will protect you from insurance carriers who may try to trick you to lessen the value of your claim to avoid offering you a fair settlement.
Hire an Award-Winning Personal Injury Lawyer to Help You With Your Claim
You don’t have to go through the difficulty of a pain and suffering claim without a lawyer. At Farahi Law Firm, our dedicated team of lawyers, doctors, and case managers are here to help guide you through the claims process and ensure you receive fair compensation for your pain and suffering.
We work on a contingency fee basis, which means you won’t need to pay us a single cent unless we win your case. Contact us today at (844) 824-2955 for a free case consultation.
We are available 24/7. We speak English, Spanish, and Filipino.
