Pain and Suffering

When you have been injured, you often experience pain and suffering. The distress you go through can be mental as well as physical. You deserve to be compensated if someone else’s actions caused you this pain and suffering.
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Pain and Suffering Lawsuit

When another person or corporation has caused you to be hurt, it may have been intentional or a matter of negligence. In either case, you may face more than the actual physical injury – such as broken bones, internal organ damage, or long-term medical illness.

You may be experiencing pain. And as a result of that pain, you are suffering – now and perhaps even into the future. Any additional corrective or necessary medical procedures may be expected to add to that pain and suffering.

The suffering may also be due to your inability to pursue activities of your life that were necessary, brought you enjoyment or both. For example, if you become a paraplegic, your days as a ski bum may be over. And if that was how you made a living, your days of employment may be over as well.

You deserve to be compensated for significant temporary and permanent limitations on activities. 

You also deserve to be compensated if your injuries can potentially shorten your life.

Doctor observing patient

How Do You Calculate Pain and Suffering?

Many clients have questions about how our attorneys calculate pain and suffering. The compensation is determined, in part, by the results permitted in other cases. Our attorneys’ experience gives them a good idea of the value of any particular case.

A jury can easily award you damages that can be calculated – ones based on bills and paychecks, such as:

  • Existing medical bills.
  • Future medical expenses.
  • Lost wages.

Even a new attorney can prove those damages without too much difficulty. But it takes an experienced trial attorney to be able to convey those intangible costs – life’s daily activities, enjoyment of friends and family, and quality of life – and what they are worth.(1)

Our attorneys know what our clients are going through, whether it is due to a:

Compensation for Physical and Emotional Pain and Suffering

W&L attorneys understand the struggles of daily life that our clients deal with, the pain you have already suffered, and what the future holds, in addition to the loss of ability to do the things you love.

W&L attorneys understand the struggles of daily life that our clients deal with, the pain you have already suffered, and what the future holds, in addition to the loss of ability to do the things you love.

Our attorneys are skilled at making members of a jury feel your pain. By painting a picture of the life you had and the quality of life that you lost, our attorneys can convince a jury that it is only fair that you get financial satisfaction from the people and companies who caused your damage.

Because they have been doing this for decades, our attorneys are able to reasonably assess what your injury’s pain and suffering is worth in terms of dollars. By presenting your physical and emotional pain and suffering,(2) our attorneys convince the jury to look at your situation and the losses, both tangible and intangible, you currently face.

And how much money it will take to make you as whole as you will ever be.

For How Much Money Can You Sue for Pain and Suffering?

You can sue for any amount of money. But the jury is required to award a sum that is reasonable.

The money you get from a jury award or a negotiated settlement depends on a number of factors. Key among them is how realistically and completely your attorney is able to paint a picture of what you are going through.

Your attorney needs to describe your situation accurately, so it is important that you speak openly and completely about the effect your injury has had on your life.

The more honest you are with your attorney, the more likely it is that you will be able to get the compensation you deserve.

What Type of Damage Is Pain and Suffering?

Appropriate compensation for pain and suffering involves many factors, including:

  • How badly you have been hurt.
  • How much pain a person with your injuries suffers.
  • How long it takes for your injuries to heal.
  • How many additional medical treatments you need – and how much they cost.
  • How your future may be affected; you may need mental health therapy, physical therapy, lifelong medication.
  • How your personal activities and relationships have negatively changed since you have been injured.
  • How your job and future employment – the way you make a living – have suffered since you’ve been harmed.
  • How your home or work environment may have to be modified and adjusted to be suitable for your changed circumstances.

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If you have embarrassing scarring, limitations on sexual function, loss of the ability to digest food, or anything else – you need to tell your attorney, so it gets calculated into your lawsuit compensation request. In some states, damages may be awarded for pain and suffering that is not permanent.(3)

One way for you to make sure you discuss everything with your attorney is to make a list or keep a daily or weekly diary. That can help you capture all the changes and accommodations you’ve had to make in your lifestyle.

Your attorney uses existing results from prior court cases and settlement negotiations to determine a reasonable amount of money to request.

Do Law Firms and Insurance Companies Determine Pain and Suffering the Same Way?

No, law firms and insurance companies do not calculate pain and suffering the same way. Insurance companies use mathematical formulas, often based on a daily or “per diem” cost – how much you should get for each day you suffer and how long you are likely to suffer. Or else they use a multiplier – like taking your salary and multiplying it by a number between 1.5 and 5.

Your attorney relies on real courtroom experience and other verdicts to know what other clients in similar situations have been awarded by other juries. Experienced attorneys determine the amount of compensation to request based on a variety of issues, as they consider the complexity of your case.

Attorneys meeting and conversing

Our Pain and Suffering Attorneys Win Settlements & Verdicts

It is critical that you choose an attorney who has successfully gotten compensation for numerous clients. Your attorney must have a realistic sense of what compensation the members of a jury or the defendants’ insurance attorneys are willing to consider.

In addition to providing evidence of your injury, a skilled attorney presents evidence of your pain and suffering – including emotional pain and suffering –by explaining that these are fair and reasonable amounts of money to compensate you for what you are going through.

Our attorneys at Weitz & Luxenberg have had a lot of success in getting our clients financial compensation for their pain and suffering.

In one case, Crane Co. was ordered to pay $20 million to our clients, a mesothelioma victim’s family for a marine ship repairman’s pain and suffering. He was exposed to asbestos gaskets, packing, and insulation when working on motors and engines.

Our attorneys got another verdict of $25 million from the Crane Co. for our clients in a separate asbestos-exposure related case. W&L attorneys convinced a jury to award $10 million in pain and suffering to the estate of a man who worked as a pipefitter and electrician. Another electrician was awarded $15 million – $5 million for past pain and suffering and $10 million for the pain and suffering he is expected to endure in the days, months, and years ahead.

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In another case, the jury returned a $22 million verdict against Goodyear for two of our clients who were smokers diagnosed with asbestos-related lung cancer. Both the men, a steamfitter and a heavy equipment engine mechanic, were exposed to sheet gasket material containing asbestos. They suffered from lung cancer because of it. One family was awarded $11.6 million in pain and suffering damages and an additional $1.9 million in loss of consortium, due to the effect the illness had on our client’s marriage. The other family was awarded $8.5 million in pain and suffering damages.

Accepting Clients for Pain and Suffering Lawsuits

Although our past record of being awarded $17 billion in verdicts and settlements for our clients does not guarantee future success, Weitz & Luxenberg has the experience and resources necessary to stand up to the people or groups that caused you harm.

If you have been affected by the negligence of others, we urge you to contact Weitz & Luxenberg’s pain and suffering attorneys for more information about your legal options.

Hundreds of thousands of people are harmed each year by individuals or corporations. If you are one, we encourage you to contact Weitz & Luxenberg now. Our attorneys will be able to help you get a pain and suffering settlement.

Fight Back: File a Pain and Suffering Lawsuit

You are not alone. We can help you fight against the people or company that is affecting your quality of life and causing you pain and suffering.

We are prepared to help you now. Weitz & Luxenberg’s experienced pain and suffering attorneys have tried hundreds of such lawsuits.

Please do not hesitate to contact us for more information. A consultation is free. Our experienced attorneys can offer you legal guidance regarding your specific circumstances for a pain and suffering settlement.

Contact us by phone at (800) 476-6070 or fill out our form on this web page. Someone from our team will reach out to you shortly.

  1. New York Pattern Jury Instructions. Volume 1B. 2:280. (2018) Thomson Reuters. Page 907.
  2. Ibid.
  3. Ibid. page 917

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