The measurement of pain has proven a challenge to both the medical community and the insurance industry. Hospitals have chosen to use a series of faces, with some having a bit of a smile and others a decided grimace.
Patients that complain about a pain are asked to point to the face that does the best job of picturing the intensity of their pain. The insurance industry has taken a different approach to the same challenge.
The significance of pain and suffering in a personal injury case represents the largest of the compensated damages. These damages include any pain and suffering endured during the treatment of an injury. Damages for suffering cover what was suffered now and, in the past as well what might be expected in the future.
Types of pain and suffering
• Physical pain or other discomfort, such as soreness, stiffness or tenderness
• When pain limits an accident victim’s movements, the extent of the limitation gets factored into the measurement of pain.
• Suffering might initiate emotional distress, anguish, anxiety, distress or anger.
• Some treatments can cause pain, or trigger mental effects.
Why lawyers need to showcase possible pain and suffering in the future?
The insurance industry does not like to pay a great deal of money for diagnostic tests. Yet, there are times when such tests do become necessary. A discussion of future medical needs allows for introduction of possible diagnostic tests.
Today, most tests cause patients to experience a minimal amount of pain or discomfort. Still, patients that view a procedure as intrusive do become anxious and uncomfortable. Personal Injury Lawyer in Kitchener want to feel free to introduce that fact.
How the insurance industry calculates the monetary value of painful sensations?
It totals the cost of the economic damages, such as the medical expenses and the lost wages. Then it multiplies that total by a selected factor, usually a figure of 2 or 3.
An attorney for the plaintiff/victim could work to increase that calculated value by calling for testimony from an economic expert. Such experts can explain the expected cost for pain and suffering in the future.
For what types of personal injury cases would concerns about the future be most important?
A disabled or disfigured plaintiff would certainly have reason to be concerned about the ability to make money in the future. A victim of traumatic brain injury should also have an attorney that can call attention to potential needs at a later time.
Mild symptoms might get overlooked, so that the injury worsens significantly. If the reason for a sudden medical problem has not been identified with relative ease, the patient might need to undergo a series of diagnostic tests. Those might cause some discomfort.