An injury resulting from another person's negligence can change your life in several ways. Besides the physical pain, the emotional and mental toll can be overwhelming. In such situations, you can claim pain and suffering damages. These damages pay for non-economic losses that you suffer. But how are they computed?
The sections below talk about the various methods used to calculate pain and suffering damages.
Pain and suffering damages are about acknowledging your struggles. Imagine sleepless nights, stress, or not being able to do the things you once enjoyed. These damages ensure you are compensated for those hardships.
To ensure you get what you truly deserve, it’s always a good idea to consult a personal injury lawyer. They can guide you through the process and help present your case effectively.
A common method used for calculating pain and suffering damages is the multiplier method. In this approach, the total economic damages (like medical expenses or lost earnings) are multiplied by some number (generally 1.5 to 5). The exact multiplier depends on how serious your injuries are.
For example, if your medical expenses are $10,000 and the multiplier chosen is 3, your pain and suffering damages would be $30,000. The more severe and long-lasting your injuries, the higher the multiplier will be.
Another method of computing pain and suffering damages is the per diem method. In Latin, per diem means per day. This method assigns a daily rate to your pain and suffering and multiplies it by the number of days you’ve been affected.
Let’s say you assign $150 per day for your pain and suffering, and your recovery took 100 days. In this case, your damages would amount to $15,000. This approach works well for short-term injuries where the duration of suffering is clear.
For more serious, long-term injuries, the multiplier method is usually employed. The per diem method is used for short-term issues. There's no universal rule for which method to make use of. Courts, insurance companies, or your lawyer may suggest the method that works for you.
Insurance companies may use software programs to calculate pain and suffering damages. Such programs use data such as injury type and treatment received. But their formulas tend to give you less than you deserve. That is why having an attorney with you is important.
Pain and suffering damages are not calculated individually. The final amount depends on a few factors, for example:
The nature of your injury: Major injuries such as permanent disabilities usually result in higher compensation.
The effect on your life: If your injury prevents you from working or having hobbies, this will probably increase your damage.
The credibility of your evidence: Medical records, witness statements, and expert opinions reinforce your case.
Knowing how pain and suffering damages are calculated can empower your recovery journey. It helps you understand your claim and make sound decisions about it. These damages are intended to allow you to get your life back and get some perspective on normality. Always research your options, document everything, and get professional legal advice.
