Emotional distress and pain and suffering are types of non-economic damages. The purpose of these damages is to compensate the plaintiff for the incident’s impact on their life. Examples of these damages include:
- Emotional distress or mental pain and suffering
- Physical pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of companionship, consortium, or support
Minnesota law approaches each pain and suffering case individually, meaning there is no set rule for determining pain and suffering damages. However, there are a few potential ways of assessing damages in a pain and suffering case.
One approach for valuing non-economic damages is the multiplication approach, where the total amount of economic damages, such as medical bills and lost wages, are multiplied by three. You can also use the per diem approach, where a specific dollar amount is assigned for each day of suffering until the plaintiff is expected to reach maximum recovery.
What Evidence Is Needed to Prove Pain and Suffering?
The strength of evidence supporting your pain and suffering claim can greatly influence the amount of damages awarded. Whether you were involved in a truck accident, slip and fall, or another type of incident, an experienced personal injury lawyer can develop a strong argument on your behalf by using a variety of evidence to show all the ways you were harmed.
Examples of evidence that your lawyer may use to support your claim of emotional distress include:
- Proof of treatment by mental and physical health professionals for resulting conditions, such as depression, anxiety, PTSD, insomnia, or physical pain
- Personal journals detailing the injury’s day-to-day effect on your life
- Testimony from family and friends about how your injury has changed you from their perspective
- Performance records from work or school to show decreased productivity as a result of your pain and suffering
Ultimately, the best evidence to support your claim is your own testimony. Describing in detail—with emotional honesty—how the injury has changed your life can give jurors a more personal understanding of the harm you’ve suffered.
What Pain and Suffering Damages Can I Recover?
The amount of damages you can recover for pain and suffering in Minnesota depends on various factors unique to your case. In general, the more severe and long-lasting the effects of your injury are, the more money you can pursue for emotional distress, pain and suffering, and other damages.
Other factors that can influence the amount of damages available include the strength and quantity of evidence supporting your case, the degree of fault you were assigned, and the amount of insurance coverage available. A qualified personal injury lawyer can help you evaluate all these factors and determine how much money you may be eligible to recover for pain and suffering.
Get Help With Your Minnesota Pain and Suffering Claim
Boasting an impressive track record of high-value case results, the legal team at Sieben Polk has the experience and resources needed to handle your pain and suffering claim from start to finish. Our attorneys have deep roots in Minnesota and an unparalleled understanding of the state’s legal system.
We are committed to providing compassionate, client-focused representation and fighting tirelessly to secure the full and fair compensation you deserve. If you suffered due to the negligence of others, call (651) 437-3148 or reach out online to schedule your free consultation with a skilled attorney today.
