This post discusses pain & suffering in NC Personal Injury Cases. The Bishop Law Firm represents personal injury clients in North Carolina and we do not get paid unless you win!
Pain & Suffering In NC Personal Injury Cases
North Carolina is a contributory negligence state which means that if the victim is at fault (even 1%) they are barred from recovery (but see Last Clear Chance Doctrine). If your personal injury was caused by the negligence of another, you may be entitled to pain and suffering damages. Pain and Suffering in NC personal injury cases covers the physical pain and mental suffering that a victim has to endure due to the injury they have sustained. If you break your leg, you will experience not only physical pain but also mental and emotional distress. Unfortunately, injuries can leave us with scars that affect our self-esteem. You could develop depression, anxiety or post-traumatic stress disorder after your injury. This is what pain and suffering damages attempt to compensate you for. Since all of us have different pain tolerance levels and mental dispositions, how do you determine the damages in individual cases?
Some personal injury lawyers use medical expenses as part of an equation to arrive at a suitable amount for pain & suffering. The equation is medical expenses + lost wages and accident related expenses x a multiplier (usually 1.5 – 5). For example, Minnie Mouse has $15,000 in medical bills and $5,000 in lost wages which results in losses of $20,000. You then multiple $20,000 X 3 which would result in a request of $60,000 for pain and suffering. The multiplier increases from 1.5 to 5 based on the severity, longevity, treatment and residuals of the injury, among other issues.
It naturally follows that the greater the injuries, the greater the medical expenses, and thus the greater the damages, but there are always exceptions. A NC Personal Injury Lawyer can help you determine if going to trial is the move to recover all your losses/damages or if settling out of court would actually be more advantageous. The Bishop Law Firm represents car accident and personal injury victims in Raleigh, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, and surrounding areas in North Carolina. We do not get paid unless we win your case, (919) 615-3095. Call us today!