Compensation for Pain and Suffering
October 14, 2020

What Is Pain & Suffering?

The financial impact of a serious injury can be overwhelming. From medical bills to the income you lose from being unable to work, your injuries can take a toll in many different ways.

However, significant expenses and physical disability are not the only outcomes with serious, ongoing consequences. Physical pain and emotional distress may not be quantifiable in monetary terms, but they can seriously impact your quality of life.

At Studinski Law, LLC, our personal injury lawyers are committed to pursuing the full compensation you deserve. This includes not only the financial impact of your injuries but the noneconomic damages you sustain, including pain and suffering.

For a free consultation, please call (715) 343-2850 today. Studinski Law, LLC serves clients in Wisconsin Rapids, Wausau, Stevens Point, Plover, Marshfield, and throughout Wisconsin.

Understanding Pain and Suffering

Pain and suffering is a legal term for the physical, mental, and emotional effects that the victim of a serious injury experiences. These effects may include:

  • Chronic pain
  • Discomfort caused by certain actions
  • Loss of mobility
  • Anxiety
  • Depression
  • Post-traumatic stress disorder (PTSD)
  • Humiliation
  • Sleeplessness
  • Sexual dysfunction
  • Changes in mood or mental state
  • Loss of or changes in relationships to loved ones

It is important to note that pain and suffering damages compensate you for the experience of these negative effects. For the treatment of these issues – i.e., if you require ongoing physical therapy for mobility or need psychiatric counseling and medications for anxiety, depression, and PTSD – your attorney will calculate the cost of these expenses and pursue them as part of your economic damages.

Like all damages in a personal injury case, the compensation you pursue for pain and suffering should account for the current impact on your life as well as how you may be affected in the future.

How Are Pain and Suffering Damages Calculated?

Pain and suffering does not have a direct dollar value like medical expenses and lost wages. Therefore, as with other noneconomic damages in a personal injury claim, it is crucial to present compelling evidence that demonstrates how you have been affected by your injuries.

Types of evidence that may support your claim for pain and suffering damages include:

  • Medical records showing the nature and extent of your injuries
  • Medical expert testimony on how the injury currently affects your day-to-day life, as well as your prognosis
  • Testimony from a psychiatrist or counselor on your mental and emotional state
  • Testimony from an expert in your profession describing how your injuries impact your ability to make a living
  • Testimony from family members and friends on how you have changed as a result of the injury
  • Your own testimony concerning your physical and mental pain and suffering

Some injuries have a visible impact, such as burns, paralysis, and amputation. Other injuries, however – particularly psychological and emotional ones – may require more proof.

What Is a Pain and Suffering Multiplier?

In the event of a serious injury, insurance companies may calculate noneconomic damages by multiplying your economic damages (i.e., medical bills and lost earnings) by an amount that reflects the seriousness of your injuries. Although this formula may work for insurance companies, which are principally interested in paying as little as possible for claims, it is an inexact method for determining the amount of compensation you deserve.

Rather than relying on an arbitrary formula, your attorney should drill down into the specifics of your case to determine the amount of damages supported by the evidence. At Studinski Law, LLC, our team thoroughly investigates all aspects of your losses to ensure the greatest possible award.

Does Wisconsin Have a Cap on Pain and Suffering Damages?

Some states have implemented damage caps on pain and suffering and other noneconomic damages. Wisconsin has not instituted limits on how much you can recover in a personal injury claim, except in cases of medical malpractice and in claims against state and local government.

The cap on medical malpractice damages specifically applies to noneconomic damages. The limit is $750,000 on noneconomic damages such as pain and suffering.

Get the Full Compensation You Deserve for Your Injuries

Many attorneys and law firms simply look at the dollars-and-cents value of your personal injury case and pursue compensation for that amount. Although this may relieve some of the financial hardships you are suffering after a serious injury, this approach does not account for the total impact on your life.

Pain and suffering has a very real cost. Even seemingly minor injuries can have serious, long-term complications.

Therefore, it is in your best interest to contact a personal injury lawyer who is committed to getting you more.

Contact Our Wisconsin Personal Injury Lawyers Today

Studinski Law, LLC has attained millions of dollars in compensation for clients in a wide variety of personal injury cases. Our results are a reflection of the care we take preparing each client’s case, including calculation of all damages.

When you hire our team, we provide you with a comprehensive plan of approach for your claim. This plan outlines how we intend to resolve your case and recover all of the damages you deserve.

Please call (715) 343-2850 today for a free consultation. Studinski Law, LLC serves clients in Wisconsin Rapids, Wausau, Stevens Point, Plover, Marshfield, and throughout Wisconsin.

Jason Studinski Injury Attorney
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