Am I Entitled To Pain And Suffering Damages In A Rhode Island Personal Injury Case?
Often, injured victims do not know what types of damages they are entitled to after suffering an injury due to someone else’s negligence. Pain and suffering are recoverable types of damages in Rhode Island personal injury cases.
Are you unsure if you are entitled to pain and suffering damages in your injury claim? Consult with our Rhode Island personal injury attorneys at Robert E. Craven & Associates.
What Damages Are Recoverable in Rhode Island Personal Injury Cases?
Under Rhode Island law, recoverable damages in personal injury cases are split into two categories:
- Economic damages
- Non-economic damages
Economic damages refer to measurable, objectively verifiable losses and expenses such as lost wages and medical bills. Non-economic damages refer to abstract, intangible losses and include pain and suffering.
What Constitutes Pain & Suffering Damages?
Pain and suffering damages refer to both physical and emotional trauma suffered by an injured person due to someone else’s fault. Depending on the severity of the injury, physical pain may last for days, weeks, months, or even years.
Emotional pain and suffering is defined as psychological, mental, and emotional distress that could linger for years or the rest of the victim’s life.
Physical pain and suffering include:
- Nerve damage
- Back and neck pain
- Traumatic brain injury (TBI)
- Spinal cord injury
- Broken bones
- Internal bleeding or organ damage
Emotional pain and suffering include:
- Post-Traumatic Stress Disorder (PTSD)
- Loss of enjoyment of life
- Mental distress
How Much Are My Pain and Suffering Damages Worth?
Calculating pain and suffering damages in a personal injury case is complicated because they do not have a tangible bill or receipt with a specific dollar amount.
It is advised to seek legal help from a Rhode Island personal injury attorney to help you calculate pain and suffering and other damages to reasonably compensate for your physical and emotional trauma and distress.
The payout for pain and suffering varies from one case to another because intangible losses are rather subjective. How much your pain and suffering damages are worth depends on the following factors:
- The circumstances of the accident;
- Your age and health condition at the time of the accident;
- The nature and severity of your injury; and
- The impact of the injury on your life.
How to Calculate Pain and Suffering Damages
Pain and suffering damages are typically calculated using a multiplier or per diem method:
- When using the multiplier method, your pain and suffering damages are calculated by multiplying the sum of your economic damages by a figure ranging from 1.5 to 5, depending on the severity of the injury and the circumstances of your accident.
- When using the per diem method, you assign a “per day” value to your pain and suffering depending on their intensity to get a certain dollar amount for every day you had to cope with the pain.
It is essential to consult with a Rhode Island personal injury attorney to calculate pain and suffering and other damages in your specific situation. Contact Robert E. Craven & Associates to schedule a case review. Call 401-453-2700.