Emotional distress falls under pain and suffering damages, but it is not the same as pain and suffering. Emotional distress most often occurs when the victim of an accident witnesses someone else suffer a traumatic injury or death, or they themselves suffer a traumatic injury. If a doctor has diagnosed emotional distress as part of …
How Do Lawyers Calculate Pain and Suffering?
Defense lawyers, on behalf of insurance carriers as well as some lawyers for accident victims, use formulas that multiply the “hard” damage numbers, referred to as “specials” (special damages) such as medical expenses and lost earnings to arrive at a supposedly “fair” settlement figure for pain and suffering. The personal injury lawyers at Friedman & …