The Difference Between Pain and Suffering vs. Quality of Life Damages
Should you ever find yourself injured as a result of someone else’s actions, it can be an extremely troubling experience. Pure careless negligence on someone else’s behalf can leave you with debilitating injuries for years to come, if not the rest of your life, which is why pursuing a personal injury lawsuit can be beneficial. During such a lawsuit, you can sue for damages which reflect the suffering you have been put through, both on a monetary and non-monetary basis.
Two forms of damages that are often used interchangeably despite being different are pain and suffering and quality of life. The method by how courts assess quality of life damages in injury cases versus how they do so in pain and suffering differs, which is why outlining the differences is so important.
What Are Pain and Suffering Damages?
First and foremost, pain and suffering damages from a legal standpoint are the physical pain and emotional distress that an injured party suffers as a result of the accident. From a physical standpoint, pain and suffering could be chronic pain, ongoing medical issues, or therapy-related items. From the emotional standpoint, pain and suffering could be anxiety, PTSD, depression, and more. Pain and suffering is a non-economic damage, meaning it often doesn’t come with a flat calculation that would stem from something like a medical bill.
Instead, pain and suffering is usually calculated using a multiplier or per diem method. Under the multiplier method, a multiple is assigned to an economic value, typically from something like medical bills, and then multiplied out against that multiple. Under a per diem method, a daily amount is assigned and then multiplied by the number of days the injuries were suffered.
What Are Quality of Life Damages?
On the other side of things, quality of life damages are also a non-economic injury, but they don’t relate so much to physcial pain. These damages often center around the loss of enjoyment of life that a person experiences due to the injuries they suffered via personal injury. For example, if a person was able to move around freely before the accident but is then permanently bedridden after the fact, quality of life damages could be argued. Some common examples of this damage type include:
- An inability to participate in hobbies
- An inability to participate in social activities
- Reduce independence or mobility due to injuries
- An impact on career trajectory
- An impact on personal relationships
Every case is different and quality of life damages are often seen as subjective. After all, no two people get enjoyment out of life in the same exact way, which is why these damages are far more complex than something as simple as referencing a medical bill.
Key Differences Between Pain and Suffering vs. Quality of Life Damages
The main thing to remember is that pain and suffering relate to the physical and emotional distress caused by an injury, whereas quality of life damages are about the long-term impact on a person’s daily life, including their overall well-being. The courts and insurance companies may calculate them separately or as part of a larger non-economic damage claim, depending on the specific details in a case.
Maximizing Compensation for Both Types of Damages
Regardless of which type of compensation you believe you may be eligible for, it’s important to take steps to maximize your compensation for both. Hiring a lawyer is the best first step you can take towards doing this, as an accredited personal injury lawyer can review the facts of your case and determine how they should structure an argument on your behalf. Beyond this, you should also be actively documenting changes in your pain levels and quality of life following the injuries you suffered.
Some common mistakes that can reduce the value of a claim include losing receipts of medical procedures, failing to make note of how your life has changed, and not showing the full scope of how the injuries have impacted your life.
Fight for your just compensation in court
Distinguishing between pain and suffering versus quality of life damages will allow you to make the most educated choice on which you wish to pursue in court. In many cases, a plaintiff experiences both of these damages following personal injury, so they often go hand-in-hand. This doesn’t mean they should be thought of as the same, though, because this may result in you leaving money on the table. Speak with an accredited personal injury attorney as soon as possible to discuss your options.
