In personal injury cases, victims often endure more than just physical damage. Pain and suffering as well as emotional and mental distress, play a significant role in recovery and quality of life post-accident. While this type of harm is often difficult to quantify, it is an essential part of many personal injury claims. Personal injury lawyer Meyers suggests you contact an attorney to help you understand how pain and suffering are calculated to navigate the claims process and ensure you get fair compensation.
What is Pain and Suffering?
In legal terms, “pain and suffering” refers to a person’s physical discomfort and emotional distress after an injury. These damages can be divided into two categories:
- Physical Pain and Suffering: This includes any physical discomfort, pain, or impairment caused by the injury. For example, if you suffered broken bones, a concussion, or a severe back injury in a car accident, the resulting pain would fall under this category.
- Emotional Pain and Suffering: This encompasses the mental anguish that results from the injury. It can include anxiety, depression, loss of enjoyment of life, insomnia, and post-traumatic stress disorder (PTSD). If the injury causes ongoing emotional distress, that suffering is also compensable.
Both types of pain and suffering are considered non-economic damages, meaning they do not have a specific monetary value like medical bills or lost wages. As a result, calculating pain and suffering damages can be complex.
Methods of Calculating Pain and Suffering
While there is no universal formula for calculating pain and suffering in personal injury cases, there are two commonly used methods: the per diem method and the multiplier method.
The Multiplier Method
The multiplier method is the most widely used approach in personal injury cases. It involves taking the total amount of economic damages (such as medical bills and lost wages) and multiplying it by a number, typically between 1.5 and 5. The number chosen depends on the severity of the injury and the impact it has on the victim’s life.
If a victim suffers minor injuries, like minor bruises or temporary discomfort, a number on the lower end may be used. Similarly, if the injury results in a major injury, such as a permanent disability or chronic pain, a higher number will typically be used.
For example, if your medical bills amount to $20,000 and you lost $5,000 in wages, your total economic damages would be $25,000. If a multiplier of 3 is applied due to the severity of your injury, your pain and suffering damages would be calculated at $75,000 (3 x $25,000), bringing the total compensation to $100,000.
The Per Diem Method
The per diem method assigns a daily monetary value to your pain and suffering, then multiplies it by the number of days you have endured the effects of the injury. The per diem value is often based on your daily earnings, but it can also be determined by other factors such as the intensity of pain and how long it is expected to last.
For example, if you earn $200 per day and your recovery period is 100 days, you might be awarded $20,000 for pain and suffering (100 days x $200). The key to using this method is justifying the daily rate and the length of time you experience pain.
Factors That Influence Pain and Suffering Calculations
When calculating pain and suffering damages, several factors are considered to ensure the amount accurately reflects the extent of your harm:
- Severity of the Injury: More severe injuries, such as traumatic brain injuries, spinal cord injuries, or broken bones, typically result in higher pain and suffering damages because they cause long-term or permanent impairment.
- Duration of Recovery: The longer it takes to recover from your injuries, the higher the pain and suffering damages are likely to be. Chronic pain or lifelong disabilities warrant larger compensation than temporary discomfort.
- Impact on Daily Life: If the injury limits your ability to work, enjoy hobbies, or maintain personal relationships, these losses will increase the amount of compensation for pain and suffering.
- Emotional Trauma: Injuries that cause emotional distress, such as PTSD or depression, will factor into the calculation. Your attorney may call on medical experts or therapists to testify about the emotional toll of the injury.
- Consistency of Treatment: If you seek regular treatment for your injury, including physical therapy or counseling, it can demonstrate the ongoing nature of your pain and suffering, justifying a higher award.
The Role of Documentation in Pain and Suffering Claims
Proper documentation is essential to proving pain and suffering in a personal injury case. Although emotional distress and physical pain are subjective, there are several ways to provide evidence that supports your claim:
- Medical Records: These documents provide a detailed account of your injuries, treatments, surgeries, and any medications prescribed to manage pain. They offer objective evidence of the physical harm you suffered.
- Psychological Evaluations: If you are experiencing anxiety, depression, or PTSD, psychological evaluations or therapy records can substantiate your emotional distress claims.
Insurance Company Tactics
Insurance companies may attempt to minimize your pain and suffering damages. Working with an experienced personal injury attorney can help ensure that you receive fair compensation for your pain and suffering. Your attorney can present a compelling case by providing thorough documentation, enlisting medical experts, and negotiating on your behalf.
Personal Injury Attorney Care
Calculating pain and suffering in personal injury cases is complex due to the subjective nature of emotional distress and physical discomfort. While methods such as the multiplier and per diem approaches offer guidance, each case is unique. Factors like the severity of the injury, duration of recovery, and impact on daily life play a crucial role in determining the appropriate compensation.
If you’ve suffered a personal injury and are seeking compensation for pain and suffering, consulting an experienced personal injury attorney is vital. They can guide you through the process, protect your rights, and help you secure the compensation you deserve.
