Pain and Suffering vs. Personal Injury: What's the Difference?
If you were injured by someone else’s negligence in Ohio, you may have heard the terms “pain and suffering” and “personal injury.” But what’s the difference between the two? Is pain and suffering the same as personal injury? The short answer is no. Bodily injury pain and suffering are components of personal injury.
Understanding Personal Injury
Personal injury is a legal term referring to the physical, emotional, and psychological harm caused by one person to another. This harm can either result from one party’s negligence or intentional actions. For example, car accidents typically result from negligent actions, whereas physical assaults are intentional.
There are many other types of personal injuries, such as slip-and-falls, dog bites, and workplace injuries. Most personal injuries result in bodily injury claims, through which the victim seeks compensation for their medical expenses, lost wages, and pain and suffering.
What Is Pain and Suffering?
It’s important to understand what is considered pain and suffering. It’s short for physical pain and emotional suffering. The bodily injury suffered by the victim, such as if they broke their arm in a car accident, is the physical aspect of pain and suffering. Emotional suffering refers to the mental anguish the victim experiences, such as if they develop PTSD after a car accident.
Personal injury lawsuits typically group pain and suffering together as a single loss for which victims can seek compensation. Compensation sought for losses without tangible value, like pain and suffering, is referred to as non-economic damages.
Key Differences Between Pain and Suffering and Personal Injury
Personal injury is the umbrella term referring to an injury caused by someone else. Pain and suffering refers to a specific type of loss for which the victims can seek damages (compensation). Still, you may be asking, “Does bodily injury cover pain and suffering?” Most auto insurers do consider pain and suffering when negotiating and settling bodily injury claims.
Victims can also seek damages beyond pain and suffering. There are two primary types of damages: economic and non-economic. Economic damages cover medical bills, lost wages, and property damage. Anything that has a tangible value would fall under the category of economic damages. Beyond pain and suffering, non-economic damages also include loss of consortium, which is the loss of companionship experienced due to an injury.
Calculating Pain and Suffering in a Personal Injury Case
With economic damages, you have to add up your medical bills, lost wages, and other financial losses. But for pain and suffering, there’s no objective value to calculate. Instead, lawyers and insurance companies typically use one of two methods to calculate the value of this compensation:
- The multiplier method simply multiplies your economic damages by a value, usually between 1 and 5
- The per diem method sets a value for a single day and then adds up the days between your injury and recovery
An experienced personal injury attorney can make sure the insurance company uses a fair method for calculating your pain and suffering compensation so you receive the amount you deserve in a personal injury claim.
Contact Our Ohio Personal Injury Attorneys to Learn More
If someone else’s negligence caused you harm in Ohio, contact Amourgis & Associates, Attorneys at Law, for a free consultation with a personal injury lawyer. We’ll review your case, explain your legal options, and provide an estimate of what your pain and suffering could be worth.
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At Amourgis & Associates, Attorneys at Law, we only represent consumers. We fight for regular people who have been seriously hurt in accidents. We fight for people who are being crushed by overwhelming debt and need a fresh start. We fight for individuals and families. Never businesses. Never insurance companies. We are loyal to the consumer.
