There are people who roll their eyes when the term Pain and Suffering rolls off of their tongue. Yet millions of legal cases have shown it is a real thing. The reason for this is that when someone is injured in an accident they don’t just pop up again, brush themselves off, and go on with their lives like nothing happened.

Pain and Suffering is not a political, tort, or greed issue. It is also not an issue to be taken lightly or to be scoffed at. It is a deeply individual issue that is very real to those who spend days or weeks in the hospital, get passed over for jobs at work because they have been disfigured, or aren’t able to play with their kids because they are paralyzed.

The “Frivolous” Pain and Suffering Lawsuit Myth

Less extreme cases do not mean that the case is “frivolous”. Be rest assured that the judicial system up to this point is able to recognize frivolous lawsuits and act accordingly. The American Bar Association has explicit policy. Generally it is insurance companies that pay settlements, not individuals. The economic strength behind insurance companies are usually enough to discourage these types of lawsuits. Settlements usually correctly reflect the severity of the Pain and Suffering of the victim when they are competently legally represented.

The Aspects of Pain and Suffering

The Physical Aspect – The physical effect of pain and suffering is the injury itself. This can inhibit the victim’s ability to work, exercise, or fulfill their normal routine. Since people generally are habitual creatures, this disruption of workout routine, lack playing on the dart team, or not being able to hold their child can have serious psychological effects along with the physical effects.

Staying on the physical aspect, the mere lack of movement could make the victim either gain or lose weight which brings serious health issues alone. Depending on the recovery time and the weight gained/lost this can also require additional recovery time, physical training, and altered wardrobe.

Long term disabilities are the worst part. This is a permanent and dramatic change in lifestyle, physical ability, and personal perspective toward life. It also drastically affects how others treat and react to the victim.

By not being able to be at work or physically able to achieve what the victim would normally be able to achieve, many times the permanent injury can hamper them from moving further up in their organization. It can also affect their ability to find a relationship or even sever their ability to engage in physical intimacy.

The Psychological Aspect – These can be short term or lower level effects such as despondency, anxiety, or nightmares. They can also be debilitating effects such as depression, irrational fear, panic attack, post traumatic stress disorder (PTSD), or thoughts of suicide.

The actual event or the related injury or both can cause or further exacerbate the psychological disorder. An example expanded on from above can be related to weight gain during recovery. This can lead to self esteem problems, depression, and longer recovery time. Another example is not being able to enjoy favorite activities which can lead to disconnection from a peer group and reclusion. The psychological effects can also lead to nightmares and lack of sleep that can hamper normal daily function.

More severe effects such as PTSD can alter the victim’s personality, connection with their friends and family, and ability to exist normally within society. Irrational fear can eliminate their ability to drive or leave the house thus severely altering their lifestyle. Deep depression or thoughts of suicide can be traumatic and affect their ability to work or enjoy life al together.

Pain and Suffering Damages

Damages are the total culmination of physical and psychological aspects affecting the victim after the accident. These are broken into two parts:

Special Damages or “Actual Loses” – These are loses that are backed up with documentation such as presenting the medical bills and receipts to show what has been paid for and what is yet to be paid. Pay stubs or tax returns show what the victim was making prior to the accident and the average number of hours worked, particularly for the time lost for recovery which may happen to be a time when they make the majority of their income. This situation usually happens for self employed or seasonal workers.

Special damages are generally current loses and help create tangible numbers to be able to determine “general damages” which can be up to 3 or 4 times the number presented by special damages. That is why it is very important to keep and organize all receipts. These range from grocery to transportation. In the case of special damages the victim’s life is put under a microscope to calculate variation so to maximize the settlement.

General Damages – These come in the form of future loses due to disability either physical or psychological. These can be intangible when related to lifestyle and psychological factors, but can also be calculable using established algebraic equations. They are generally 3 to 4 times the number of the Special Damages. So if the Special Damages come to $50,000 then the General Damages will fall into the range of between $150,000 to $200,000 above that number.

CPA experts who present future projection numbers to the judges generally project the plaintiff’s hoped-for income stream. They then modify these losses to a realistic expectation. They factor in future risks and then discount the adjusted future losses to a present value at a risk-reduced, relatively low discount rate. What this means is that the scale causes wages diminish over time. This allows for having a definitive number without speculating on the life expectancy of the victim.

The intangible parts of the settlement are not as intangible as one may suspect. It is an emotional decision for the jury. For example, there are very real catastrophic injuries such as blindness and loss of hearing, but imagine losing the ability to taste. To the average person it would be bad, but they could live with it. But lets say the victim’s single favorite thing in the world is food. They like cooking it, working with it, learning about it, and especially eating it. What sort of profound effect would losing the sense of taste on that person? Over time it may lead to deep psychological consequences and perhaps even lead to substance abuse or suicide in extreme cases.

Insurance Company Settlements in Pain and Suffering Cases

Insurance companies are very shrewd about saving money. They will often send representatives to the hospital to monitor and consult the victim prior to finding legal representation. These representatives will discourage legal representation and promise larger settlements without representation. They have been known to mislead the victim about their situation and make lofty veiled threats about what happens if they do find representation.

In some cases insurance companies have planted individuals to befriend the victim during extended hospital stays to monitor their care and progress. This planted person can dispense “advice” on a friendly level regarding what they think the victim should do. This allows the insurance company to draw information about the case that is voluntarily shared by the victim to the plant.

Early Settlement – These practices are not common and in some cases skew on the side of illegal. It is the insurance companies aim to save themselves money. Particularly in cases where they stand to lose up to a million dollars or more. Economically, “ early settlement” is the best scenario for them. The legal representation for insurance companies are explicitly learned in negotiation and often have attorneys specifically assigned to negotiation.

Experienced professionals such as those at the Law Firm of Phillips and Webster are not adverse to early settlement. Often times it can be best for the victim’s mental well being and can aid in their recovery. What is important is that the victims legal representative knows the tactics of negotiation. They must also know how to legitimately assess the value of a case and recognize the maximum settlement.

Finding Competent Legal Representation

Settlements that correctly reflect the Special Damages and the General Damages of a case be it a wrongful death, injury accident, or personal injury are usually only reached by experienced personal injury attorneys with a proven track record. Insurance companies have unlimited resources and massive legal teams specifically geared toward not paying out what the victim’s Pain and Suffering is really worth.

That is why it is important that if you or a loved one have been injured or killed in a car accident or industrial accident it is important that you find the appropriate team of legal professionals to just as powerfully work for you as the legal team works for the insurance company. Call Phillips Webster for a consultation on your legal options.

Learn More About:

• Financial Entitlements in Personal Injury Cases
• Filing a Personal Injury Lawsuit
• Wrongful Death Statute of Limitations