A dog bite can leave more than just physical injuries. The emotional and mental impact of an attack often lingers long after the physical wounds heal. A lawyer, like a dog bite lawyer, knows that for this reason, many dog bite claims include compensation for pain and suffering in addition to medical expenses and lost wages. But what exactly does pain and suffering mean in a legal context, and how is it calculated?
What Pain and Suffering Includes
Pain and suffering refer to the non-economic damages a victim experiences as a result of a dog bite. These damages go beyond the straightforward costs of medical bills or lost income. They cover the physical pain, emotional distress, and mental anguish caused by the injury.
- Physical Pain. This includes the immediate pain from the bite itself, as well as any ongoing discomfort during the recovery process. For example, victims who require surgery, skin grafts, or therapy often endure significant pain that can last for weeks or months.
- Emotional Distress. Dog bite victims frequently experience anxiety, fear, or post-traumatic stress disorder (PTSD). These feelings may be especially pronounced if the attack was severe or involved a child.
- Loss of Enjoyment. If the injuries prevent a victim from participating in hobbies or activities they once enjoyed, this loss can be part of the claim.
Factors That Influence Pain and Suffering Compensation
In personal injury cases, unlike economic damages, pain and suffering are not based on receipts or concrete figures. Instead, several factors influence how much a victim may receive:
- Severity of Injuries. More serious injuries, such as deep lacerations, fractures, or permanent scarring, often lead to higher pain and suffering awards.
- Recovery Time. Long recovery periods that require ongoing treatment or rehabilitation may result in greater compensation.
- Psychological Impact. A victim who develops PTSD, anxiety, or other mental health conditions due to the dog bite is likely to receive higher non-economic damages.
- Age of the Victim. Cases involving young children, who may experience lasting trauma and fear of dogs, can also result in higher pain and suffering awards.
How Pain and Suffering Damages Are Calculated
There is no fixed formula for determining pain and suffering damages, but courts and insurance companies use a few common methods:
- Multiplier Method. This approach multiplies the victim’s economic damages (such as medical bills) by a number between 1.5 and 5, depending on the severity of the injuries. For instance, a victim with $20,000 in medical bills might receive $40,000 to $100,000 in pain and suffering damages.
- Per Diem Method. This method assigns a daily monetary value to the victim’s suffering and multiplies it by the number of days the victim spends recovering.
Ultimately, the final amount will depend on the evidence presented, including medical records, witness statements, and expert testimony.
Find Trusted Legal Help
Dog bites can have a profound and lasting impact on victims, and compensation for pain and suffering is an essential part of making them whole. These damages recognize the physical pain, emotional challenges, and diminished quality of life a victim may face after an attack.
Our friends at Cohen & Cohen discuss how presenting strong evidence and working with a knowledgeable legal team can make a difference in securing fair compensation for pain and suffering. If you or someone you love has been injured in a dog attack, understanding your rights to these non-economic damages is a crucial step in the recovery process. For help, reach out to a law firm you can rely on today.