How Are Pain & Suffering Damages Calculated in a Personal Injury Case?
If you have been seriously injured due to the negligence of another, there’s a good chance you will be entitled to hold them financially responsible. In many personal injury cases, victims are eligible to collect both economic and non-economic damages. This means you may receive compensation for medical bills, lost wages, and any other out-of-pocket expense incurred from the accident, as well as pain and suffering. Although it can be challenging to put a dollar amount on how much pain and suffering is worth, there is a standard approach insurance companies and juries take when calculating how much to award for this type of loss.
How Pain & Suffering Damages Are Quantified in Personal Injury Cases
One of the most common methods used to place a value on pain and suffering is the multiplier method. This involves adding up all your economic damages and multiplying the total by a number chosen between 1.5 and 5. To determine what the multiplier number should be, several factors will be considered, including the severity of your injuries, the likelihood of a speedy and full recovery, and the impact of the injuries on your normal daily life.
Per Diem Method
The per diem method is also frequently used to figure out how much to pay for pain and suffering in personal injury cases. These calculations allow a certain dollar amount for every day you have been subjected to pain and suffering since the date your injuries took place. You would be compensated for each day until you reach maximum medical improvement.
Evidence of Pain & Suffering
In addition to using these calculations, insurance companies and juries will also take into account how much credible evidence you have in support of your pain and suffering. The more proof you can show that your injuries have negatively impacted in your life, the greater your compensation should be. It’s helpful to keep a daily journal of how much pain you’re experiencing and what your emotional state is and to gather statements from friends, family members, and your mental health care provider on how you’ve been affected.
The Circumstances of the wreck can also affect the value of the case. For example, where there is bad conduct on the other driver, such as drunk driving or texting while driving, the value will likely be more because of that bad conduct. Scarring or other demonstrable permanent injuries can greatly increase the value of the case. The amount of damage to vehicles involved in a wreck can also influence the value of a case. If the vehicles are badly damaged, a jury could award more money than a vehicle with minor damage because they can understand the injury better, so an adjuster may also value the case higher.
Accurately evaluating a personal injury claim is difficult, especially when seeking damages for pain and suffering. This is why it’s best to consult with an attorney who can advise you on how much your injuries are worth. The legal team at Carey & Hamner, P.C. has been representing personal injury victims throughout Enterprise, Dothan, and Ozark, AL, for more than a decade. They have extensive experience negotiating with insurance companies and preparing compelling arguments for the courtroom to ensure their clients get the maximum compensation they deserve. Call (855) 435-4797 to review your case, or visit them online for more information on their services.