Pain and suffering are broad terms used to describe various non-economic damages involved in injury cases. Recovering damages for pain and suffering can be challenging, especially since they are so subjective.
Generally, pain and suffering encompass physical and emotional conditions and injuries. Calculating the value of these damages is often done using one of several methods, such as the multiplier or per diem method. Attorneys and courts might look to various factors specific to your case to help calculate damages. If successful, you may recover the value of your damages, but how that money is paid to you is another important step in the legal process.
Your pain and suffering might not be something we can hold up in a courtroom, but they deserve fair and just compensation. Our Mississippi personal injury lawyers can help you recover damages for your intense pain and suffering. For a free evaluation of your case, call Howe Law at (844) 876-4357.
Injuries and Losses That May Contribute to Damages for Pain and Suffering in Mississippi
The concept of damages for pain and suffering is rather vague, and numerous injuries or conditions might be grounds for these damages. Generally, pain and suffering can be evaluated on two broad levels: physical and mental. Our Hattiesburg personal injury attorneys can evaluate your injuries and case to determine if you can recover these damages.
Physical injuries might lead to numerous damages. People typically associate physical injuries with high medical bills, but they are not part of your pain and suffering. Rather, they are economic damages. Instead, the bodily pain you experience because of your injuries helps determine damages for pain and suffering. Your injuries, level of pain, and overall prognosis are significant factors.
The more intense your pain and the longer it lasts, the greater your damages for pain and suffering might be. If you suffer very painful injuries that leave you with chronic pain for the foreseeable future, your damages might be very high. We must also consider the loss of certain body parts or systems. For example, losing a hand is very painful, but it also presents physical limitations and complications that must be accounted for.
Mental or Emotional Factors
Pain and suffering can also incorporate mental experiences and conditions resulting from your injuries. You might be familiar with terms like “emotional anguish” used to describe the toll injuries take on a person’s mental and emotional health.
In many cases, plaintiffs experience diagnosable psychological disorders or conditions that affect their lives. For example, accident victims might experience depression, anxiety, panic attacks, PTSD, and other forms of psychological trauma.
Other forms of emotional anguish stem from what the plaintiff lost because of their injuries. If you became physically disabled after an accident, you must deal with the trauma of learning to live your life differently under new limitations. Other mental pain and suffering aspects might include humiliation, damage to your reputation, and the loss of enjoyment of life.
How to Calculate Damages for Pain and Suffering in Mississippi
The multiplier method is a common way of determining damages for pain and suffering. Under this method, the court determines a multiplier number, usually between 1.5 and 5. Your economic damages are multiplied by this number to arrive at your non-economic damages. The more catastrophic your injuries and losses, the higher the multiplier, and the greater your damages for pain and suffering.
Another method is the per diem method, in which the court assigns a monetary value to each day you experience pain and suffering. The longer you are suffering, the greater your damages. For example, the court might determine that each day you experience pain and suffering is worth $100. If we can show you were in pain for 180 days (about 6 months), your non-economic damages would be $18,000. Our Jackson personal injury attorneys can help you determine which method will yield the greatest compensation.
Numerous factors surrounding your case might play a role in how the court determines your damages for pain and suffering. Economic injuries, like the costs of prescriptions, medical treatment, and psychological treatment, are considered as they might demonstrate how bad your injuries and pain are. The court might also consider how the injuries affect your future and their impact on your professional and personal life.
It is important to note that non-economic damages, including pain and suffering, are capped under Mississippi law. According to Miss. Code Ann. § 11-1-60(2)(b), non-economic damages are limited to $1,000,000 in most civil actions for injuries. If you have a medical malpractice case, the limit is $500,000.
How to Get Paid for Pain and Suffering Damages in Mississippi
Once you have a judgment against the defendant, you can move to collect compensation. Sometimes this is straightforward, and the defendant hands over the money quickly with little resistance. Other times, defendants might refuse to pay or be insolvent. Our Biloxi personal injury attorneys can assist you in recovering these damages.
In many cases, defendants cannot pay everything all at once, and they might want to work out an agreement or plan. One option is to accept a lump sum where the defendant makes one large payment, but it might not be worth the full extent of your damages. For example, the defendant might say they can pay you 75% of the judgment but no more. Depending on what you need, taking a lump sum might work for you.
In other cases, defendants and plaintiffs agree to a structured settlement where the defendant makes regular payments to the plaintiff until the entire judgment is paid. While this means you might be paid the full extent of your damages for pain and suffering, it might take a while, depending on how large the judgment is.
You can take legal action against the defendant’s assets if the defendant refuses to pay. For example, the court might put a lien on the defendant’s property or garnish their wages. You might also be able to get the defendant’s assets transferred to you.
Contact Our Mississippi Personal Injury Attorneys for a Free Case Evaluation
If you were injured and experienced physical pain and emotional anguish, our Mississippi personal injury attorneys can help you recover damages for your pain and suffering. Contact our team at Howe Law for a free case assessment. Call our offices at (844) 876-4357.