The experienced personal injury lawyers at Cooper Hurley Injury Lawyers in Virginia Beach recognize that no amount of money can undo the traumatic effects of an accident. However, pain and suffering damages can help ease the burden and provide a sense of justice and accountability. Call (757) 333-3333 or reach out online to learn more in a free consultation.
Can You Sue for Pain and Suffering?
You can sue for pain and suffering in Virginia if you do so before the statute of limitations expires. You normally have two years from the date of your accident to file a personal injury lawsuit seeking compensation for pain and suffering.
Though this deadline is strictly enforced, exceptions exist. For example, minors can sue up to two years after their eighteenth birthday.
No matter what the filing deadline is, you must have evidence to substantiate your claim for pain and suffering damages. Important evidence may include:
- Your testimony, including journal entries documenting your daily recovery and discomfort.
- Testimony from doctors and other medical professionals who’ve treated your injuries and can attest to your mental and physical state.
- Testimony from colleagues on how the injury impacted your work performance and demeanor.
- Job records that highlight how your work performance or attendance has changed since the accident.
- Family and friends who can testify about how your emotional state or relationships have been affected.
- Medical records that illustrate the severity of your injury and the pain it caused.
- Photographs or videos documenting your injuries and their impact on your life.
Our experienced personal injury lawyers can evaluate the evidence in your case and determine the strength of your claim for pain and suffering damages.
What Qualifies as Pain and Suffering
Due to its highly subjective nature, “pain and suffering” are notoriously difficult to pin down and prove in court. That is why you need an experienced, compassionate legal team that can empathetically demonstrate your pain and suffering in a lawsuit and compellingly argue for full and fair compensation.
Reflecting the multi-faceted ways accident victims can be impacted by their injuries, the following are just a few things that could qualify as pain and suffering in personal injury settings:
- Physical Pain – This includes any bodily discomfort or suffering caused by the injury. It can range from mild discomfort to severe and excruciating pain.
- Mental Anguish – Sometimes referred to as emotional distress, this refers to the psychological impact of your injuries or accident, such as anxiety, depression, fear, shock, or grief. Emotional distress can manifest in various ways, including humiliation, embarrassment, sleep disturbances, mood swings, or loss of interest in activities previously enjoyed.
- Cognitive Impairment – Cognitive impairment (e.g., from a traumatic brain injury) can lead to difficulties in thinking, understanding, and processing information. It may manifest as memory loss, confusion, difficulty concentrating, or impaired decision-making abilities. These cognitive challenges can significantly impact an individual’s daily functioning and contribute to emotional distress and frustration.
- Scarring, Disfigurement, and Physical Disability – Physical changes to one’s appearance or functionality due to a serious injury can cause significant emotional suffering and impact self-esteem and social interactions.
- Lowered Quality of Life – This includes any negative impact on your ability to engage in daily activities, work, social interactions, or other aspects of life as a result of your injuries.
How Is Pain and Suffering Calculated?
Calculating compensation for pain and suffering can be tricky. Here are some common methods used to calculate pain and suffering damages:
- Multiplier Method – One common approach is to multiply the plaintiff’s economic damages (such as medical bills and lost wages) by a number between 1.5 and 4, depending on the severity of the injuries and other relevant factors. For example, if the plaintiff’s medical bills and lost wages amount to $100,000 and the multiplier is 4, their pain and suffering damages would be $400,000.
- Per Diem Method – Another approach is to assign a daily rate for the plaintiff’s pain and suffering and then multiply it by the number of days they experienced pain and suffering as a result of the defendant’s actions. The daily rate can be determined based on various factors, such as the nature and severity of the injuries and the impact on the plaintiff’s life.
- Subjective Assessment – Pain and suffering damages can also be determined based on the subjective assessment of the jury or judge.
- Comparison to Similar Cases – Courts may also look at similar cases that have been litigated in the past to determine an appropriate amount of pain and suffering damages.
It’s important to note that there is no exact formula for calculating pain and suffering damages, and the final amount awarded will vary based on the specific details of each case and the discretion of the judge or jury.
Get Legal Support for Your Pain and Suffering Claim
You don’t have to navigate the aftermath of an accident on your own. The experienced Virginia personal injury attorneys at Cooper Hurley Injury Lawyers can help you stand up to the insurance companies and get the full and fair settlement you deserve. Call us today at (757) 333-3333 or reach out online to schedule your free consultation.
