You do not need an attorney to pursue damages for pain and suffering, as you have the right to seek awards for your losses pro se—that is, without assistance from an attorney. You are allowed to serve as your own attorney for various legal matters.
Still, as a claimant, you may choose to accept assistance from a lawyer for several reasons, such as:
- You are not comfortable handling legal matters on your own.
- You have no experience handling legal matters by yourself.
- You do not have the time to bring a lawsuit pro se.
- You believe that a lawyer could provide you with tangible services and benefits.
You do not need a lawyer to move forward with a civil action against another party. Yet, for various reasons, you may want the help of a legal professional if you are seeking to get compensation for expenses relating to pain and suffering.
Pain and Suffering Stems from Noneconomic Damages
The term “pain and suffering” refers to the noneconomic damages sustained after an accident. Typically, the more severe your injuries and losses, the more you can expect to be compensated for these expenses.
Pain and suffering may come into play when determining how a negligent or intentional action has impacted:
- Your mental health
- Your emotional health
- Your quality of life
Pain and suffering may look different on a case-by-case basis. Some insurance companies have mathematical formulas for calculating pain and suffering, while others do not. Some states offer statutory caps that limit the amount of compensation you can receive for pain and suffering. For example, according to the State Law Summary of the Tennessee Civil Justice Act of 2011, you are limited to $750,000 for the cost of noneconomic expenses in relation to a personal injury claim.
Calculating the Cost of Pain and Suffering
If you work with a lawyer, they will come up with a figure that they believe fairly compensates you for pain and suffering-related losses.
There is no single method of calculating these damages, and some of the possible modes of calculation include:
- The “per diem” method, by which you could be awarded a dollar figure amount for each day (or another specified time period) that you endure pain and suffering complications.
- Generally asking the jury to award compensation that they believe is fair.
- Establishing a figure for awards as a fraction or multiplier of economic damages that you have endured (such as medical expenses or lost wages).
There is no general formula or blueprint for calculating and requesting damages for pain and suffering in any lawsuit that you bring. For this reason, it may prove helpful to have a lawyer on your side.
The Role of a Lawyer in a Civil Lawsuit
Calculating pain and suffering is not the only role that a lawyer may serve as you bring forward a civil action. Those who have been part of a lawsuit know that there can be an ever-evolving array of hurdles required to bring forth a successful claim.
A lawyer may be able to undertake various responsibilities, including:
- Filing the documentation to start your case
- Collecting evidence
- Hiring professionals to conduct further investigation
- Hiring experts whose testimony can provide more insight into your claim
- Drafting motions and other forms of legal paperwork
- Conducting the day-to-day legal correspondence
- Undertaking settlement negotiations
- Serving as the point person who argues your case in court
- Formulating a case for why the other party (or parties) in your case acted negligently
- Serving as the defender of your rights
Your lawyer’s ultimate goal will be to prove that because of another party’s negligence, you have suffered financial repercussions for which you should not be responsible.
Call Our Team at The Cochran Firm - Nashville Today
You have the right to pursue a lawsuit on your own, as you do not need an attorney to pursue damages for pain and suffering. Yet, because of the complexities of Tennessee law, you may choose to work with a legal professional. The Cochran Firm – Nashville embraces the legacy of Mr. Johnnie Cochran Jr., a man who fought for those who needed help the most. Our dedicated team of lawyers understands the urgency of your situation and want to get to work on your behalf as soon as possible.
Many people hesitate to work with a lawyer in various legal matters because they are concerned about cost. At The Cochran Firm – Nashville, we work on a contingency fee basis, meaning that you only owe us our attorney’s fees if we get compensation on your behalf.
Call our team at The Cochran Firm – Nashville today at 615-678-6278 for a free consultation.