A Guide To Suing for Pain and Suffering
A reckless car accident almost claimed the lives of Mary, her mother-in-law, and her unborn baby. Due to the accident, she lost a $500 photography job and spent an extra $3,700 on medical bills. Mary and her husband sued the at-fault driver for pain and suffering, otherwise known as general damages.
All forms of pain and suffering arise due to an individual’s negligence. As such, you are legally entitled to sue whoever has caused you damages for compensation. This article will discuss when and how to sue for pain and suffering. We’ll also disclose how you can sue anyone in small claims court with .
Types of Pain and Suffering Claims
You can sue for pain and suffering for economic and non-economic losses.
All forms of pain and suffering that can be assigned a dollar value counts as economic loss.
Like Mary in the example above, your pain and suffering may consist mostly of economic losses such as:
- Cost of medical care
- Loss of productive work-hour and wages
- Damage to your properties
- Increased cost of living as a result of injuries
Non-economic losses are pain and suffering that cannot be quantified in monetary value. For example:
- Post-traumatic stress disorder (PTSD)
- Performance dysfunction
- Suicidal thoughts
- Loss of consortium and sexual frustration
- Temporary disability
- Temporary cognitive depreciation
How To Calculate Your Pain and Suffering
There are many ways an insurance company or a can help you determine the value of your general damages in a small claims lawsuit:
- Per-diem basis. With this method, you can determine the cost of general damages by adding together the total economic value of all the work days forfeited as a result of the accident. In addition, you will require certified medical personnel to confirm your total recovery period from the accident.
- Multiplier basis. This method involves asking a doctor to determine the severity of your injury on a scale of one to five. This figure is then multiplied with the total cost of the damages incurred to determine the monetary value of your pain and suffering.
Steps to Sue for General Damages
|Steps to follow||Explanation|
|Gather your evidence||To sue for general damages, you will need:
|Seek an out-of-court settlement||This is a formal arrangement between two or more parties to reach an agreement to a dispute outside the court system.|
|File a in small claims court||Do this within 180 days of the accident. Deadlines vary by state, make sure you check your state’s deadline here. This is recommended if your negotiations over an out-of-court settlement fail.|
Sue For Pain and Suffering Through DoNotPay
Suing for pain and suffering by yourself can be overwhelming, especially if you are still recovering from your injury. Let DoNotPay handle the stress for you! The robot lawyer streamlines the suing process and reduces the procedure into 4 simple steps:
- Log in to and select the ‘Sue Now’ product.
- Then, quantify your damages in monetary value
- Select whether you want a demand letter or court filing forms
- Finally, describe the reason for the lawsuit and submit any applicable details, including photo or video proof.
That’s all! DoNotPay will generate a demand letter or court filing form for you and help you mail them to your defendant on your behalf!
Who Else Can DoNotPay Help You Sue?
Whether you want to sue a high-profile businessman, a large corporation, or your next-door neighbor, helps streamline the process for you. With DoNotPay, you can minimize expenses and don't have to worry about expensive attorney’s fees. Here are some of the companies we can help you sue:
- Insurance companies
- And so many more!