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How Is Pain and Suffering Calculated?
Under Alabama law, “pain and suffering” is classified as a “non-economic damage” in personal injury cases. These damages are not tied to specific monetary losses like medical bills or lost wages but instead aim to compensate the victim for the more subjective and personal impact of an injury. This can make pain and suffering challenging to quantify.
In Alabama, courts typically use one of two methods to calculate these damages:
- Multiplier Method: The total economic damages (e.g., medical bills, lost wages) are multiplied by a number (usually between 1.5 and 5) based on the severity of the injury and its impact on the plaintiff’s life.
- Per Diem Method: A daily value is assigned to the plaintiff’s pain and suffering, and this amount is multiplied by the number of days the plaintiff has endured the suffering.
Alabama does not have a cap on compensatory damages in personal injury cases (other than those involving wrongful death), meaning the amount awarded can vary significantly based on the evidence presented.
Is Pain and Suffering Taxable?
Damages for pain and suffering due to physical injuries or illnesses are generally not taxable. However, damages for emotional distress may be taxable unless they are used to pay for medical expenses related to the emotional distress or connected to a physical injury.
Does Workers’ Comp Pay for Pain and Suffering?
No, workers’ compensation in Alabama does not cover pain and suffering. The Alabama Workers’ Compensation Act provides benefits for medical expenses, lost wages, and permanent disability, but non-economic damages like emotional distress and pain are not compensable under this system. However, if a third party contributed to the injury, the injured worker may be able to file a personal injury claim against that party for pain and suffering. It’s wise to consult with an attorney to confirm whether you are eligible to pursue pain and suffering via a legal claim.
Can You Sue for Pain and Suffering Alone?
In Alabama, it is possible to sue for pain and suffering without accompanying economic damages, but such cases can be challenging. For example, cases involving intentional emotional harm may focus primarily on damages that are not tied to financial losses. However, your attorney can investigate and provide compelling evidence of your suffering and its direct connection to the defendant’s actions.
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Can You Get Pain and Suffering From Your Own Insurance?
Yes, you may be able to recover pain and suffering damages from your own insurance policy under certain circumstances. For example:
- Uninsured/Underinsured Motorist Coverage: If you are injured in a car accident caused by an uninsured or underinsured driver, this coverage may include compensation for pain and suffering.
- Personal Injury Protection (PIP): While less common in Alabama, if your policy includes PIP, it may cover non-economic damages.
Reviewing the terms of your insurance policy and consulting with an attorney can help determine your eligibility for such claims.
How Long Does a Pain and Suffering Settlement Take?
The time it takes to resolve a pain and suffering claim varies depending on the complexity of the case, the severity of the injury, and whether the case goes to trial. In Alabama, the statute of limitations for personal injury claims is 2 years from the date of injury. If you do not file a claim within this timeframe, you may be unable to pursue compensation.
Settling your case involves negotiations, which can take a matter of weeks, months, and in some cases, years. Cases that proceed to trial can take significantly longer than cases that settle out of court. Your lawyer should be able to estimate the time it may take to settle your case, however, they cannot guarantee that it will settle within that estimated timeframe.
Contact Long & Long Injury Attorneys to Learn More
If you have questions about pain and suffering or need help pursuing a claim, our team at Long & Long Injury Attorneys is here to assist. With a proven track record of success, we can guide you through the legal process and fight for the compensation you may deserve. We help victims of personal injury in Mobile, Orange Beach, Gulf Shores, Foley, Daphne, Fairhope, Robertsdale, Loxley, Spanish Fort, Bay Minette, Malbis, and surrounding areas. Contact us today for a free consultation.