What Is the Definition of Pain and Suffering in Michigan?
If you sustain injuries in an accident that was not your fault, you can pursue compensation for the damages from the negligent party. The personal injury legal framework categorizes these damages into economic and non-economic damages. The first category compensates you for the monetary expenses you incur due to the accident, such as medical costs.
Lawyers from a law firm in Michigan explain that non-economic damages compensate you for the pain and suffering you sustain after an accident. The damages address the physical pain and reduced quality of life you have to endure while receiving and long after you have received medical treatment.
Types of Pain and Suffering
Pain and suffering refer to several conditions that can result from injuries sustained in an accident. Personal injury lawyers in Southfield highlight the following common conditions for which you can pursue compensation for pain and suffering:
- Mental anguish: You may get profuse episodes of anxiety, misery, fear, and anger after the accident. Mental distress can interfere with your ability to lead an everyday life, further complicating your recovery.
- Physical pain and suffering: Injuries can cause physical effects that continue long after the accident, treatment, and rehabilitation. You may suffer head, back, neck, joint, or muscle pain that reduces the quality of your life.
- Fright and shock: Signs of emotional trauma, such as post-traumatic stress disorder (PTSD), are a common aftermath of injuries sustained in an accident.
- Embarrassment, humiliation, and disfigurement: You may experience feelings of shame or embarrassment due to disfigurement resulting from the injuries. They can block your mental ability to return to the life you enjoyed before the accident.
- Loss of social association and enjoyment: If you’re in too much pain or suffer a disability, you may find it hard to participate in a hobby or social activity you once enjoyed.
- Sexual dysfunction: You may claim sexual dysfunction as a form of non-economic damage if you find it hard to return to your normal level of sexual activity after the accident.
Skilled Southfield personal injury attorneys can evaluate your case specifics to determine the damages you can pursue. They can also work hard to ensure you receive a fair compensation amount to enable you to rebuild your life.
What is the Value of Pain and Suffering Damages in Michigan?
There’s no quantifiable amount for pain and suffering damages in a specified dollar amount. Additionally, the state’s law places no limit on the amount you can receive in your claim, apart from medical negligence and product liability cases.
However, you must file a claim with the at-fault party’s insurance provider to receive these damages since no-fault insurance only compensates for economic damages. Calculating the amount you can receive can be complex, as your personal expression of pain and suffering is crucial in evaluating the damages.
Nonetheless, your team of personal injury attorneys in Southfield can utilize medical records, videos of your daily life, photographs, and witnesses’ testimonies to prove the impact of the injuries and the emotional trauma on your life.
What Method Do Lawyers Use to Calculate Pain and Suffering?
Insurance companies and lawyers frequently use one of two common approaches when calculating non-economic damages:
Multiplier Method
The technique takes the total monetary damages and multiplies them by a number between 1.5 and 5, depending on the extent of the injuries. For example, if you received $200,000 in economic damages and lawyers assigned a multiplier of 3, you would receive $600,000 for pain and suffering.
If the multiplier is too low, you may not receive the compensation you deserve for your pain and suffering. If it’s too high, the insurance provider may deny your claim for exaggerating it. Work with aggressive personal injury attorneys in Michigan to fight for what is rightfully yours.
Some factors that legal experts consider when using the multiplier method are:
- The injury’s impact on your regular life and social activities
- Your appearance before and after the injury
- Whether the injury resulted in a disability
- The need for future treatment
- Whether the injury impacted your ability to work or earn a living
Per Diem Method
The per diem method assigns a dollar amount to each day, week, or month you ensure pain and suffering. For example, the jury may assign $150 as the per diem, which is payable daily from the injury date until the injury resolves.
If your injury lasted 300 days, the amount you would be entitled to receive would be $45,000. Legal experts highlight that the per diem amount can be altered with time to reflect the changing level of pain and suffering as you heal from the injuries.
What Factors Impact Pain and Suffering Compensation in Michigan?
Four crucial elements can affect your ability to get compensation for non-economic damages:
- Partial fault: Your percentage of fault in the accident must be less than 50%
- Serious injury threshold: You must demonstrate how the injury affects your daily life or how it led to severe scarring.
- Statute of limitations: You must file your case within three years of injury.
- Medical treatment: You must receive immediate medical treatment for the injuries, or the insurance company may dismiss your claim by arguing that the injuries were not severe.
Pursue the Total Pain and Suffering Damages You Deserve with the Help of a Skilled Personal Injury Lawyer
You deserve compensation for pain and suffering if you got injured in an accident that was not your fault. The claims process can be challenging, but experienced lawyers from a law firm in Michigan can help you navigate the complexities.
The Sigal Law Group has dedicated and determined personal injury attorneys who can work on your case. Let us help you fight for fair compensation to help you rebuild your life after an accident. Call us at 248-671-6794 for a FREE consultation.
