How Much Can You Sue For Pain and Suffering

Under Minnesota law, victims of personal injuries from car accidents or other traumatic events can recover damages for pain and suffering. How much you can sue for pain and suffering depends on how these claims are presented to insurance companies or in court, which can significantly affect the outcome.

The American Medical Association says, “The AMA is committed to addressing pain as a major public health concern. An estimated 50 million Americans suffer from chronic pain each year, making it the leading cause of long-term disability, usually originating from an injury. Another 25 million experience acute pain after accidents or surgery.

The AMA created the Pain Related Impairment (PRI) metric to measure pain-related disability. The Schmidt & Salita Law Team frequently uses PRI as evidence to support claims for clients enduring chronic pain from accidents, maximizing their recovery potential.

What Is Pain and Suffering?

Pain and suffering refer to the physical and emotional distress caused by an injury. These damages are designed to compensate for non-economic hardships that affect the victim’s quality of life. Common elements include:

• Physical pain: Chronic pain, limited mobility, or discomfort caused by injuries.
• Emotional distress: Anxiety, depression, trauma from the accident.
• Loss of enjoyment: Not being able to enjoy activities one used to, such as hobbies or social events.
• Scarring or disfigurement: Permanent changes in appearance that could affect self-esteem or social interactions.

As courts recognize how pain and suffering significantly affect victims, they employ a host of methods through which subjective pain and suffering are assessed in personal injury cases.

Main Causes of Pain and Suffering

Pain and suffering can stem from various types of accidents and injuries. Some of the most common causes include:

Motor vehicle collisions

Motor Vehicle Collisions can result in severe injuries like whiplash, broken bones, and even traumatic brain injury.

Slip-and-fall incidents

Falls due to hazardous conditions, like icy sidewalks or poorly maintained floors, frequently cause back injuries or fractures.

Workplace accidents

These are accidents at construction sites or repetitive stress injuries that may cause chronic pain and disability.

Medical malpractice

Surgical mistakes or misdiagnoses can have long-term physical and emotional consequences.

Dog bites

Animal attacks can leave victims with physical pain, permanent scarring, and psychological trauma.

How Much Can I Sue for Pain and Suffering Damages?

Pain and suffering damages range widely in compensation, based on many factors that will be considered, including the severity of injury and evidence presented. There is no formula, but generally, many of the following important factors apply:

Severity of injuries

Severe injuries like spinal cord damage or traumatic brain injuries often result in higher awards.

Duration of suffering

Prolonged recovery times or permanent disabilities can justify larger claims.

Impact on daily life

The damages will increase if the injury impairs your ability to work, enjoy hobbies, or participate in relationships.

Comparative negligence

The insurance company will argue that you are partially or completely at fault. Minnesota follows a modified comparative negligence rule, where your recovery might be reduced based on the proportion of fault assigned to you in the accident. This is determined by a jury.

What Evidence Do I Need to File a Lawsuit?

To win a pain and suffering claim, there must be clear evidence. There needs to be documentation and testimony proving the severity of your injuries and their effects. Relevant information may include:

1. Medical records: Detailed reports from physicians, physical therapists, or specialists, including diagnosis, treatment, and prognosis.
2. Expert testimony: Medical professionals or psychologists can give evidence regarding chronic pain and emotional distress.
3. Photos and videos: This may include photographs or videos of your injury, scarring, or the accident scene, further corroborating these claims.
4. Personal journal: Almost daily entries about physical pain, emotional state, and limitations brought about by this injury.
5. Witness statements: This includes statements by family members, friends, or colleagues on how your injury has affected your activities.
6. Economic documentation: Document financial loss, such as medical bills and missed work time, to support multiplier calculations.

Strong evidence helps a jury and insurance adjuster appreciate the extent of suffering and thus provides fairer compensation.

Overview of Pain and Suffering

The consequences of pain and suffering are huge. Each year, an estimated 25 million Americans experience acute pain due to injury or surgery. It is estimated that 50 million Americans suffer from chronic pain. Chronic pain is recognized as the most common cause of long-term disability. It is estimated that almost 1/3 of all Americans expect will experience severe chronic pain at some time during their lifetime.

The lawyers at the Schmidt Salita Law Team commonly use the PRI as evidence to support the personal injury claims of their clients who suffer from chronic pain due to the injuries sustained in car accidents and other traumatic events. The Minnesota personal injury lawyer considers evidence of the value of pain and suffering to be an important part of each personal injury claim. Call us today at 952.473.4530 for a free case consultation.