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How to Calculate Pain & Suffering Damages in Personal Injury Claims

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March 15th, 2023
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Pain and suffering damages encompass many losses, and the amount you can recover for them varies since it’s subjective.

Calculating the value of your pain and suffering damages is essential if you hope to maximize the compensation you are awarded in your claim.

Types of Pain & Suffering Damages

Pain and suffering takes many forms. Any non-economic loss could be considered a type of pain and suffering. Online calculators may give you an exact dollar amount you could expect for your pain and suffering damages.

However, these sources are difficult to trust since pain and suffering are entirely subjective. If you hope to get a better idea of the value of your pain and suffering, the best way to find out is by speaking with a personal injury attorney who knows your damages in detail.

Some examples of pain and suffering you may recover as part of your personal injury lawsuit include:

  • Humiliation
  • Shame
  • Chronic pain
  • Physical suffering
  • Indignity
  • Apprehension
  • Embarrassment
  • Fear
  • Inconvenience
  • Reputational damages
  • Emotional distress
  • Psychological trauma

What Factors Impact the Value of Your Pain & Suffering?

The severity of your injuries and how they have altered your life determine the value of your pain and suffering.

For instance, suffering a car accident that leaves you paralyzed dramatically affects your quality of life, especially if you used to play sports or work at a physically demanding job.

What Is “Serious Impairment of a Bodily Function?”

To be awarded maximum compensation for your pain and suffering, you may need to meet the requirements for a “serious impairment of a bodily function” according to Michigan law. Any injury that impacts your ability to live your life normally could be considered a serious impairment of bodily function.

What Can Be Used to Increase Your Payout?

After all your efforts in pursuing your claim, you will want to increase the amount you are awarded as much as possible. Many types of evidence could help prove the severity of your pain and suffering and the impact the accident has had on your life.

Some examples of evidence that support your case include:

  • Statements from your healthcare providers
  • Your medical expenses
  • Your hospital records and prognosis
  • Photos of your injuries
  • Video of the accident
  • Paystubs or documentation of your time off work from your employer
  • Statements from your friends and family
  • Journal entries
  • Witness statements
  • Expert testimony

What Can Limit Your Pain & Suffering Compensation?

Insufficient evidence could hurt your ability to recover from your pain and suffering. Furthermore, if the defendant accuses you of sharing liability for your accident or resulting injuries, your injury settlement could be reduced according to Michigan’s comparative negligence laws.

Here, although you will not be barred from recovering compensation for your damages, the compensation you are awarded will be reduced by your percentage of liability.

For example, if you were injured in a car accident, but the defendant argued you were not wearing your seatbelt at the time of the accident, the judge might find you 10% responsible for your injuries. If the judge awarded you $100,000 for your suffering, your injury settlement would be reduced by 10%, leaving you with $90,000.

Get Help From a Personal Injury Lawyer in Michigan Today

If another party is responsible for causing your injuries and damages, you shouldn’t have to deal with the fallout. Pain and suffering impact every aspect of your life, and you should recover fair compensation.

Get help quantifying your losses when you contact a dedicated Michigan personal injury lawyer at Davis Injury Lawyers, PLLC. You can reach us by phone at (313) 462-7979 or through our quick contact form to get started on your case today.