Yes, you can sue for pain and suffering in Connecticut if you have injuries due to another person’s negligence or wrongdoing. Connecticut law recognizes the right of injury victims to recover damages for non-economic losses like physical pain and psychological suffering.
However, proving losses like pain and suffering can be difficult due to their intangible nature. An experienced personal injury lawyer in Groton can strengthen your pain and suffering claim by gathering evidence and obtaining testimony from medical and psychological experts.
What Counts as Pain and Suffering?
“Pain and suffering” refers to the entire range of non-financial physical and psychological losses associated with injuries. Various losses could count as pain and suffering in a Connecticut accident:
- Past, present, and future physical pain and discomfort from injuries
- Emotional distress and mental anguish from fear, anxiety, or post-traumatic stress disorder (PTSD)
- Inconvenience and quality of life reductions from scarring and disfigurement
- Inability to partake in hobbies or activities
- Loss of capacity to enjoy life
Pain and suffering losses are sometimes called non-economic losses because they lack a definite dollar amount. This is opposed to economic losses that do have a specific dollar value, such as:
- Medical bills and continuing medical expenses
- Lost work income and employment compensation
- Reduced lifetime earning capacity from disability
- Value of lost services (e.g., housekeeping, childcare, transportation, etc.)
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(860) 333-6455How Are Damages for Pain and Suffering Calculated in Connecticut?
Insurance companies and courts use two primary methods to calculate non-economic damages when you sue for pain and suffering in Connecticut:
Multiplier Method
The first method is the multiplier method, which assigns your suffering a positive number, typically between one and five. This number is then multiplied by the total value of your economic losses to get a final pain and suffering amount.
For example, if your economic losses were $50,000 and you were assigned a multiple of 1.5, pain and suffering damages would be $75,000.
Per Diem Method
The second method is the per diem method. The per diem method starts by first assigning a dollar value to your daily suffering. The daily suffering value is then multiplied by the number of days that you were recovering.
For instance, if you were assigned a per diem suffering value of $250 and were in recovery for 200 days, pain and suffering damages would be $50,000 ($200 per day x 250 days).
How Much Money Can You Sue for Pain and Suffering in Connecticut?
Connecticut does not have a general cap on damages for pain and suffering in personal injury cases, which means there is no legal limit to how much you can receive.
Practically, the amount will be limited based on the circumstances of the case. Factors that impact the amount of pain and suffering damages you can receive include:
- The severity of your injuries
- The degree and extent of the physical pain
- How significantly the injuries have changed your daily routine
- Whether you require psychological counseling or medication
- How the injury has impacted family life
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(860) 333-6455How to Prove Pain and Suffering
Proving pain and suffering losses is difficult due to their intangible nature. Unlike economic losses, you can’t provide receipts or records of expenses for non-economic losses. Instead, you have to rely on evidence that attests to the degree of your suffering:
- Personal statements. Personal statements and records, such as a personal journal, can provide evidence of your mental state after the injury and during recovery.
- Testimony from family/friends. Friends and family can also provide testimony that your injuries have impacted your mental and emotional well-being.
- Medical records. Medical records can prove the severity of your injuries and corroborate the claimed extent of impairment or disability.
- Counseling notes. Documents from mental health professionals, such as counseling notes, can provide a record of mental health diagnosis and progression.
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(860) 333-6455Common Pitfalls When Suing for Pain and Suffering in Connecticut
Even if you have a strong case for pain and suffering, several mistakes could complicate your claim. Make sure you avoid these common pitfalls:
- Delaying medical treatment. Insurance companies may try to argue that delays in medical treatment mean your injuries aren’t as severe as you claim.
- Inconsistencies in testimony. Inconsistencies between medical records and personal testimony can cast doubt on your claims of pain and suffering.
- No documentation. Failing to keep documentation of your emotional distress and psychological suffering can result in a claim denial.
- Discussing the case. You shouldn’t discuss the case publicly or on social media, as innocent statements could be twisted into evidence against your claimed suffering.
A Personal Injury Lawyer Can Help You Maximize Pain and Suffering Compensation
Have you been wondering, “Can I sue for pain and suffering?” If so, the answer is likely yes, depending on your situation. While proving intangible losses is difficult, one thing is certain: An experienced lawyer can successfully prepare your personal injury claim and help maximize compensation when seeking damages for your pain and suffering.
An attorney will know how to effectively demonstrate the extent of your suffering and push for the largest amount possible. Do you have more questions about suing for pain and suffering in Connecticut?
If so, reach out to Mission Focus Legal Group, where client success is our mission. We bring nearly four decades of combined experience to your case and a track record of millions recovered for injury victims.
You can contact our team online or reach out by phone for a free case evaluation with a personal injury lawyer in Groton.
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