How Are Damages for Pain and Suffering Calculated?

Virginia law allows accident victims who were injured to pursue damages against the party or parties who are deemed responsible for the accident. The purpose of financial compensation for the losses victims suffer is to “make the victim whole again.” In addition to medical expenses and loss of income, the law also allows victims to pursue financial compensation for the pain and suffering they have endured because of their injuries.

 

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How Are Pain and Suffering Damages Determined?

When it comes to medical expenses, there is a definitive dollar amount that has been spent to treat the victim’s injuries. If there will be future medical care needed, those amounts can also be calculated out. The same is true for lost wages. A Virginia accident attorney can use documentation from the victim’s employer to determine what income and benefits have been lost, both while the victim recovered from their injuries and if the injury has left them with long-term or permanent disabilities that impede their ability to work.

When it comes to damages for pain and suffering, however, the financial amount of compensation could be considered subjective. It is considered a non-economic damage because there is no definitive dollar amount. But it is still considered a damage a victim can be compensated for. Your Virginia personal injury attorney will determine the amount by using one of the more common methodologies.

Some of the factors considered in any calculation include how severe the injuries are, the degree of pain the injuries are causing, the potential for future issues from the injuries, and how the injuries have affected the victim’s quality of life.

One way to calculate pain and suffering is basing it on the victim’s medical bills. The total amount of medical expenses is multiplied by a certain number in order to determine the pain and suffering award amount. This number is usually between two and five and is usually based on how severe the victim’s injuries were.

A second method to determine how much the victim should receive for their pain and suffering is to take a per day amount and multiply that number by the number of days the victim was in pain. This amount does not affect the amount the victim may be due for the amount of lost wages they suffered.

Let a Virginia Accident Attorney Fight for You

If you sustained injuries in an accident caused by another party’s negligence or recklessness, you may be entitled to damages for the losses you have suffered, both economic and non-economic. The legal team at Shapiro & Appleton will work diligently and use all available resources to ensure you receive fair and full compensation you have a right to under Virginia law.

Pain and suffering damages are often underestimated dollar amounts and require the skill and legal expertise of an experienced Virginia personal injury attorney. To schedule a free and confidential case evaluation, contact our firm today at 800-752-0042.

Seth Scott
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Norfolk, Chesapeake & Va Beach Injury Attorney