How Do You Sue for Pain and Suffering?


Quick Answer

File a lawsuit that includes compensation for pain and suffering by demonstrating that an injury caused substantial inconvenience and pain, says Nolo. Present evidence that shows a financial loss due to the consequences of a personal injury. Check specific state laws to find out if a small claims court is allowed to award an amount for pain and suffering, because some states only allow claims for out-of-pocket costs.

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Full Answer

Personal injury cases involve losses due to property damage, loss of pay, out-of-pocket medical costs, and pain and suffering, explains Nolo. Lawyers typically determine an amount for pain and suffering by asking for three to five times the amount of a victim's total financial losses. The best way to persuade a judge that real pain and suffering occurred is to present medical bills. A person who incurs medical expenses due to the actions or behavior of a company or an individual is more likely to receive an award for pain and suffering, so victims should immediately seek all reasonable medical attention.

Insurance claims for pain and suffering are common in car accidents, and insurance companies typically calculate these amounts by estimating a general amount or using a multiplier or per diem method, according to DMV.org. The multiplier method awards a victim the total of all medical costs multiplied by a number from one to five. The per diem method pays a victim for all daily financial losses due to an injury.

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