What Is The Pain and Suffering Law In Idaho?

There are many effects of injuries, both physical and mental. If you’ve recently been injured in an accident in Idaho and are experiencing pain and suffering because of someone else’s negligence or recklessness, you deserve compensation. 

The Meridian car accident lawyers from Andrew Injury Law understand the complexity of this type of damage and how to seek compensation for pain and suffering.

Pain and Suffering from an Accidental Injury

Essentially, Idaho views pain and suffering as the physical and mental anguish a person endures because of accident injuries. Similar to other states, Idaho classifies pain and suffering as the legal term used to describe emotional and physical distress. 

In addition, pain and suffering fall under non-economic damages because there is no automatic financial cost, in contrast to economic damages like lost wages, property damages, medical bills, and out-of-pocket expenses. 

In Idaho, pain and suffering encompasses many types of damages that can include the following: 

• Loss of life enjoyment: This refers to accident victims losing their enjoyment for daily activities, exercise, hobbies, and other aspects of life they participated in prior to their accident because of injuries sustained. 
• Physical pain: This refers to the tangible pain and discomfort an individual feels due to their injuries caused by an accident. 
• Mental anguish: This refers to psychological feelings of distress like sleep disturbances, stress, and cognitive disruptions caused by accident injuries. 
• Emotional distress: This refers to the anxiety, depression, fear, or trauma felt by a victim resulting from an accident and the injuries they incurred. 

How Is Pain And Suffering Calculated In Idaho?

Pain and suffering are some of the hardest things to calculate because they are not easily measurable and subjective to an individual’s specific circumstances. 

When determining pain and suffering, an insurance company or court will consider many factors to determine how much an individual should be awarded. Some of these factors that influence how much is awarded for pain and suffering include: 

• The type of injury and how severe it is. 
• Whether or not there is any impairment surrounding performing typical activities. 
• The mental and physical pain and suffering lived with in the past and future as a result of the injuries sustained during the accident. 
• Whether or not the injuries cause any disfigurement. 
• The aggravation of preexisting conditions, if applicable. 

Additionally, it’s important to remember that while considering these factors, an attorney will often use the multiplier method to obtain an estimate for pain and suffering damages. 

This method involves multiplying the economic damages by a number between one and five. For example, if you suffered $50,000 in economic losses, your lawyer might argue that you should be awarded two times that amount for pain and suffering. 

Is There A Cap On Idaho’s Pain And Suffering Damages?

Like many other states,  Idaho places a cap on the amount of compensation that a victim can receive for pain and suffering. Currently, the maximum amount an individual can receive for pain and suffering is $250,000 unless there are extenuating circumstances that call for more. 

Contact A Meridian, ID, Injury Attorney Today To Discuss Your Damages

Calculating pain and suffering damages can be difficult because each case is unique. That’s why you should consider speaking with a Meridian, Idaho, personal injury attorney at Andrew Injury Law. 

Our lawyers are knowledgeable in calculating pain and suffering damages and know how to factor in Idaho’s comparative negligence rules that could affect your compensation. So, reach out to our firm today, and we will help you understand these elements and how they can impact your case.