Suffering from a personal injury that was caused by someone else’s negligence can be a very physically and emotionally trying experience. Seeking compensation for your damages is the best way to approach the situation, but even this is complicated, stressful, and often very frustrating. Having an attorney on your side can make a major difference, but there are still plenty of hurdles to overcome and you likely will have a lot of questions about your North Carolina personal injury claim, including how to value your pain and suffering. Following is some of the most important and relevant information that you will need if you are seeking damages for pain and suffering in your personal injury claim in NC.
Who Is At Fault for Your Injuries?
The very first thing you’re going to have to establish in your personal injury claim is who exactly is at fault for your injuries. This is the negligent party, and it may not always be obvious or easy to prove. Who is at fault for your injuries depends on where and how the injuries occurred. You likely have an idea who this individual or entity is when you first consult with your North Carolina personal injury attorney, but there will be a discovery process in which both sides can gather evidence to establish whether or not the person you have indicated is at fault for your injuries. Depending on the case, it may be a property owner, a pet owner, a surgeon, or any number of individuals as relevant to the specifics of the incident and your claim.
In the majority of personal injury claims in NC, you will be able to settle your claim outside of the courtroom. However, you should work with a North Carolina personal injury attorney who has the experience and confidence to the take the case to court if necessary.
What Is Restitution?
When pursuing your personal injury claim, you may hear the word, ‘restitution.’ This simply means compensation, which is awarded to a victim of a personal injury accident in order to restore them to their state of wellbeing (as well as possible through economic recovery) prior to the incident that caused the personal injury. This is also referred to as your ‘damages,’ and it covers all of your special (economic) damages and your general (non-economic) damages.
Special damages include your medical expenses, future medical expenses, property damages, lost wages, and any other easily calculated financial losses. Your general damages are the non-economic damages, such as pain and suffering, which can be more difficult to calculate. This includes your emotional suffering, such as anxiety and stress, in addition to your physical suffering, such as the actual pain that you felt due to your injuries.
How Do You Calculate the Value of Pain and Suffering?
There are many different methods used to calculate the economic value of pain and suffering in personal injury claims. Typically, one of two popular methods will be used by the insurance company. The Per Diem method, meaning ‘per day’ method compensates you a particular amount of money for each day that you have endured pain and suffering and also accounts for future pain and suffering, calculated by the day. This may be valued, per day, at the amount of what you would earn at your job.
Then, there is the Multiplier Method, which determines the value of your pain and suffering by multiplying your special damages/economic damages by a particular number. The main difficulty here will be establishing an adequate multiplier value that both sides can agree on as reasonable and fair. You want a high number, but the defense will argue for a lower number.
How Can You Make Your Personal Injury Claim Easier on Yourself?
Personal injuries can be life changing and devastating. Seeking damages can make the situation much more stressful and complicated. However, it is better to seek compensation than it is to just let it go, even when you want nothing more than to put the whole thing behind you. You deserve to be fairly compensated for your financial losses and your pain and suffering. The best thing that you can do to make the process easier on yourself is to contact the Remington & Dixon Law Firm for a free consultation. Our experienced personal injury attorneys in Charlotte have the experience to make sure that you get the compensation that you are entitled to with the least stress.
Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. He earned his Juris Doctor from Barry University School of Law in Orlando, Florida. Throughout his career, Brandon has received numerous awards and recognition from his peers and agencies that rate attorneys. A few of these awards are from The National Trial Lawyers: Top 100 Trial Lawyer in 2014, The National Trial Lawyers: Top 40 Under 40 in 2014, Nation’s Top One Percent: National Association of Distinguished Counsel in 2015, Super Lawyers: Rising Stars in 2018 and 2019, and North Carolina Business Magazine: Legal Elite in 2019, among others.