If you have been injured in an accident, you suffer several types of damages, including physical injuries, property damage, financial loss, and non-economic damages. Non-economic damages are commonly referred to as “pain and suffering” damages.
Pain and suffering damages are the most difficult type of damages to calculate because there is not an invoice or bill for this type of damage. Adding up the cost of lost wages, property damage, and medical bills is much easier than trying to put a price on a person’s physical pain, emotional suffering, and mental anguish.
Many people believe there is a secret formula for calculating pain and suffering damages. While some insurance adjusters begin negotiating a settlement for pain and suffering damages by using a value of one to three times the amount of economic damages, this is not a legal formula or even a standard formula for valuing non-economic damages. Determining the value of a person’s pain and suffering damages is a much more complex and difficult task than simply multiplying a figure by another three.
Our Indiana personal injury lawyers conduct a thorough accident investigation to obtain and preserve evidence needed to calculate a fair settlement for your personal injury claim. Call our office at 1-800-CALL-KEN or 1-800-225-5536 for more information about filing a personal injury claim.
Factors Used in Calculating Non-Economic Damages
Pain and suffering or non-economic damages are unique to each case. A person can suffer the same exact injury but experience a greater level of pain and suffering compared to another person with the same injury. Because Indiana does not have a legal formula for calculating pain and suffering, we look at several factors when determining the value of your non-economic losses.
Factors used in calculating the value of pain and suffering include but are not limited to:
- The type of injuries sustained in the accident
- The severity of the injuries
- Length of time it takes to recover from the injuries
- Whether there is permanent disability, scarring, or disfigurement
- How the injuries impact the daily life of the accident victim
- The impact on the relationships between the accident victim and family members
- The accident victim’s prognosis for the future
Putting a price tag on someone’s pain and suffering is extremely difficult. Evidence such as photographs of injuries, pain journals, medical records, testimony from the victim, letters or testimony from family and friends, and testimony from experts is used to show how devastating the injuries have been for the accident victim. Proving that the victim has suffered substantial physical pain, stress, anxiety, and a significant change in their ability to enjoy their life can increase the value of a personal injury claim.
The insurance company for the other party will try to paint a much different version of facts to convince the jury that the victim is not entitled to a large amount of compensation for pain and suffering damages. An experienced Indiana personal injury attorney understands how to use the evidence to convey to a jury the level of pain and suffering an accident victim has endured because of the negligence, recklessness, or carelessness of the defendant.
Choose an Experienced Attorney to Handle Your Indiana Personal Injury Claim
An experienced Indiana injury lawyer understands how to use the available evidence to maximize the value of your pain and suffering claim. Because non-economic damages can be a substantial portion of a personal injury claim, it is important to hire an attorney who understands the complexity of proving the value of your pain and suffering claim.
The Indiana personal injury lawyers of The Ken Nunn Law Office have the skills and experience you want as you fight for your right to receive full compensation for your injuries, losses, and damages. Contact our office by calling 1-800-CALL-KEN or 1-800-225-5536 to schedule a free case evaluation and legal consultation with an Indiana personal injury lawyer. You may also reach our office 24 hours a day, 7 days a week through our Live Chat feature.
We are here for you when you need an attorney to fight for your legal rights!