• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer

Otway Russo Injury Attorneys

Salisbury, Maryland Personal Injury Attorney

  • (410) 749-3900
  • Email Us
  • Home
  • About Us
    • James L. Otway
    • Amy L. Taylor
    • Kristin N. (Smith) Gilbert
    • Honors And Awards
    • Community Involvement
  • Practice Areas
    • Personal Injury
      • Car Accident
      • Truck Accident
      • Motorcycle Accidents
      • Pedestrian And Bicycle Accidents
      • Distracted Driving Accidents
      • Brain Injuries
      • Back And Spinal Cord Injuries
      • Slip-And-Fall Accidents
      • Dog Bite
      • Wrongful Death
    • Medical Negligence / Medical Malpractice
      • Misdiagnosis / Failure To Diagnose
      • Hospital Malpractice / Hospital Negligence
      • Physician Negligence / Doctor Malpractice
      • Nursing Home Abuse / Nursing Home Negligence
      • Birth Injury
      • Surgical Errors and Never Events
    • Business Litigation / Business Disputes
  • Verdicts & Settlements
  • Blog
  • Contact Us
  • Home
  • About Us
    • James L. Otway
    • Amy L. Taylor
    • Kristin N. (Smith) Gilbert
    • Honors And Awards
    • Community Involvement
  • Practice Areas
    • Personal Injury
      • Car Accident
      • Truck Accident
      • Motorcycle Accidents
      • Pedestrian And Bicycle Accidents
      • Distracted Driving Accidents
      • Brain Injuries
      • Back And Spinal Cord Injuries
      • Slip-And-Fall Accidents
      • Dog Bite
      • Wrongful Death
    • Medical Negligence / Medical Malpractice
      • Misdiagnosis / Failure To Diagnose
      • Hospital Malpractice / Hospital Negligence
      • Physician Negligence / Doctor Malpractice
      • Nursing Home Abuse / Nursing Home Negligence
      • Birth Injury
      • Surgical Errors and Never Events
    • Business Litigation / Business Disputes
  • Verdicts & Settlements
  • Blog
  • Contact Us
Call
Contact
Results

How is Pain and Suffering Calculated?

Wednesday, January 16, 2019 By Jim Otway Leave a Comment

Pain and suffering is one of the most misunderstood aspects of personal injury law: many people aren’t sure exactly what it means, what it covers, or how it’s calculated. Here’s what you need to know about pain and suffering, how it’s calculated, and how you can receive compensation for it.

What pain and suffering is not

Any medical expenses related to an accident—the cost of prescriptions, doctor’s appointments, surgeries, or hospital stays, for instance—don’t count toward pain and suffering. Additionally, pain and suffering doesn’t cover lost wages or property or vehicle damage. An accident victim is entitled to compensation for all of these things, as appropriate, but they exist outside the category of pain and suffering.

What pain and suffering is

Pain and suffering refers to a person’s loss of happiness, comfort, and opportunity as a result of their injury. For example, if a car accident leaves a person paralyzed, they will probably be unable to work, play sports, and enjoy their previous activities and hobbies. Their injury will affect the way they interact with friends and family. All of these considerations factor into pain and suffering compensation.

Of course, a less severe injury can also cause pain and suffering. A car accident may result in chronic headaches or a broken arm, which can significantly affect a person’s daily activities and cause them to suffer both physical and mental pain.

How pain and suffering is calculated

While medical expenses aren’t classed under pain and suffering, they can be used to help calculate it. Most insurance companies will use a multiplier somewhere between one and five, and multiply the total amount of medical expenses by that number. So, for example, if a person’s medical expenses totaled $10,000, pain and suffering might fall anywhere between $20,000 and $50,000. This amount would be awarded in addition to compensation for medical expenses.

Of course, this method is only a baseline or framework for calculating pain and suffering. Because each case is different, there’s no one formula that applies in every single instance.

One of the most effective ways to ensure that you receive just compensation for your injuries is to keep a daily log documenting any pain that you experience following your injury. Make a note of how severe the pain is and how long it lasts. And don’t forget to include mental as well as physical pain. Things like depression, fear, and anxiety related to your injury can factor into the amount you receive for pain and suffering. Keeping a record of these things will help your lawyer make a detailed, convincing case for how much compensation you should receive.

Seeking compensation for pain and suffering

If you experience pain and suffering through the actions or negligence of another person, you may be able to receive financial compensation. However, there are a few things to keep in mind when considering whether or not you should seek compensation. One of these is the statute of limitations, or the amount of time that has passed since you sustained your injury. For example, Maryland’s dog bite statute of limitations requires you to file your claim within three years of the day the bite occurred. Three years is the standard statute of limitations for most personal injury claims in Maryland, but even if three years have passed since the date of your injury, it may be worth consulting an experienced personal injury lawyer to find out if there are any exceptions in your case.

 

Related Posts:

  • Unethical Insurance Practices
  • What do I do if the other driver and insurance company denies liability?
  • How to Get Home Safely After a Night of Drinking
  • How to Get a Maryland Motorcycle License

Filed Under: Uncategorized

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Contact Us

  • This field is for validation purposes and should be left unchanged.

Business Information

Address
108 West Main St
Salisbury, MD 21801

Phone
(410) 749-3900

Hours
Mon – Fri: 9am – 5pm

Our Location

Categories

  • Car Accidents (32)
  • medical malpractice (1)
  • personal injury (8)
  • Truck Accidents (16)
  • Uncategorized (6)

Archives

  • March 2019 (3)
  • February 2019 (2)
  • January 2019 (2)
  • December 2018 (2)
  • June 2018 (1)
  • May 2018 (1)
  • April 2018 (1)
  • March 2018 (1)
  • September 2017 (1)
  • April 2017 (1)
  • March 2017 (3)
  • February 2017 (2)
  • January 2017 (2)
  • December 2016 (2)
  • November 2016 (3)
  • October 2016 (1)
  • September 2016 (2)
  • August 2016 (3)
  • July 2016 (2)
  • June 2016 (2)
  • May 2016 (1)
  • April 2016 (3)
  • March 2016 (2)
  • February 2016 (2)
  • January 2016 (1)
  • December 2015 (3)
  • November 2015 (2)
  • October 2015 (1)

Quick Links

  • Home
  • About Us
  • Verdicts & Settlements
  • Blog
  • Contact

Contact Us

Salisbury Personal Injury Lawyer

108 West Main St
Salisbury, MD 21801

Call Us for a Free Consultation Phone: (410) 749-3900
Email Us
  • Facebook
  • Google+
  • YouTube

Blog

  • What to Do After a Hit & Run Accident in Maryland
  • Maryland Car Seat Laws
  • Five Tips for Negotiating the Best Personal Injury Settlement Possible
  • What Do I Need to Know Before Filing a Dog Bite Claim?

© 2023 · Otway Russo, P.C. All Rights Reserved · Disclaimer