Pain/suffering is the emotional and physical distress experienced by an individual following an accident or injury caused by someone else’s negligence. Under Mississippi law, victims of personal injury cases may be entitled to compensation for these non-economic damages, which can include chronic pain, emotional trauma, loss of enjoyment of life, and other lasting impacts on their well-being. Understanding how this compensation is calculated and presented in a Mississippi personal injury case is crucial for ensuring that you receive the justice and financial recovery you deserve.
How Are Pain/Suffering Damages Calculated in Mississippi?
There is no fixed formula for determining the monetary value of these non-economic losses. Instead, it often depends on the unique circumstances of the case, the severity of the injuries, and the impact on the victim’s quality of life. Courts or insurance companies may consider factors such as the extent of physical pain, the duration of recovery, any permanent disabilities or disfigurement, and the emotional and psychological toll from the injury.
Two common methods used in calculating these damages are themethods called the “multiplier” and the “per diem.” The first method multiplies the economic damages—such as your medical costs and lost wages—by a number from 1.5 to 5, depending on how severe the injury is. The daily method gives a value monitarily to the victim’s suffering and multiplies it by the days the victim has endured pain since the accident. The amount awarded is subject to negotiation between the parties or the decision of a judge or jury, who will examine all evidence presented, including medical records, witness testimony, and expert opinions.
Psychological Pain/Suffering
Psychological pain/suffering refer to the non-physical impact an injury or accident has on a victim’s mental and emotional well-being. This can include conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), and a general loss of enjoyment in life. Often, psychological pain may affect a victim’s ability to work, maintain relationships, or engage in previously enjoyed activities, further contributing to their overall distress.
Unlike physical injuries, psychological pain can be more challenging to quantify, as it lacks visible evidence and relies heavily on subjective accounts and professional evaluations. To substantiate claims of psychological pain/suffering, victims often provide documentation such as therapy records, diagnoses from mental health professionals, and testimony regarding the emotional struggles they have endured as a result of the injury. This aspect of suffering is a critical consideration in legal claims, as it reflects the broader and often unseen consequences of personal harm.
How a Personal Injury Lawyer Supports Your Compensation Claim
A personal injury lawyer plays a vital role in ensuring that victims receive fair compensation for both their physical and psychological suffering. They begin by conducting a thorough investigation of the case, gathering evidence such as medical records, accident reports, witness statements, and expert testimony. For psychological pain/suffering claims, a lawyer works closely with mental health professionals to obtain detailed evaluations and ensure that the emotional impact of the injury is adequately documented.
Additionally, a personal injury lawyer negotiates with insurance companies on behalf of the victim, leveraging their legal expertise to counter lowball offers and advocate for a settlement that truly reflects the extent of the harm suffered. If a fair resolution cannot be achieved through negotiation, the lawyer may take the case to court, presenting a compelling argument that highlights both the visible and invisible scars of the injury. By handling the legal complexities and advocating for justice, a personal injury lawyer reduces the stress on the victim, allowing them to focus on recovery while ensuring that their suffering is acknowledged and compensated.
Get the Help You Need From the Diaz Law Firm
If you’ve been injured due to someone else’s negligence, reach out to the Diaz Law Firm to consult with a skilled accident attorney in Mississippi. Contact us at 800-459-2222 for a free consultation to discuss your case and learn how we can help you pursue compensation for your injuries. You can also get in touch with us online.