Accidents can have long-lasting effects beyond medical bills and property damage.
If you’re injured, filing a personal injury claim can help you recover damages.
How to calculate pain and suffering entails employing various methods such as the multiplier method or the per diem method.
What is Pain and Suffering?
In personal injury cases, “pain and suffering” covers a range of physical and emotional consequences from an accident.
These damages don’t cover medical expenses or lost wages but address past and ongoing physical pain and emotional distress caused by the accident.
Real-Life Examples of Pain and Suffering
Pain and suffering damages cover physical and emotional pain. Examples of physical pain and suffering include:
- Long-term disability or impairment affecting daily life.
- Anticipated physical limitations.
- Complications disrupting daily routine.
- Ongoing physical discomfort.
- Significant disfigurements.
- Loss of bodily function.
Emotional pain may include:
- Depression or anxiety.
- Disturbed sleep or eating patterns.
- Loss of pleasure in activities.
- Mood swings.
- Overwhelming fear, anger, or humiliation.
Causes of Pain and Suffering: Establishing the Link
Pain and suffering can result from various injuries or accidents. You may be eligible for compensation if your pain and suffering are linked to:
- Pain from the injury itself.
- Pain arising from necessary medical procedures.
- Ongoing or chronic pain due to the injuries.
- Mental anguish related to the pain and its impact on your future.
Establishing a direct link between your injuries and lasting anguish is crucial in personal injury cases. Our experienced team at Roden Law is committed to gathering the evidence needed to support your claim.
Calculating Pain and Suffering: A Comprehensive Guide
Evaluating pain and suffering damages entails employing various methods. Let us clarify the common approaches used to calculate these damages:
The multiplier method is widely used to assess pain and suffering. It involves adding up your economic damages and multiplying them by a factor, typically ranging from 1.5 to 5 for more severe cases. For example, with $100,000 in economic damages and a 1.5 factor, your pain and suffering damages would be $150,000, or $400,000 with a factor of four.
The factor in this method considers case-specific factors such as:
- The severity of your injuries.
- The expected recovery duration.
- The impact of injuries on your daily life.
- Liability clarity on the other party’s part.
Per Diem Method
Another common approach is the per diem method, which assigns a daily dollar amount and multiplies it by the number of recovery days.
For instance, with a per diem rate of $100 and a 14-day recovery period, your pain and suffering claim would be $1,400.
Adjustments are vital in pain and suffering claims, impacting multiplier, daily rate, or other calculations. Factors that can raise or lower the claim value include:
- Permanent effects like disability or disfigurement.
- Recovery period duration.
- Consistency in diagnosis, injuries, and claims.
- Plaintiff’s likeability and credibility.
- Presence of a criminal record.
- Availability of strong medical support.
Supporting Evidence for Pain and Suffering Claims
Property damage and medical expenses have clear documentation, but proving pain and suffering is subjective. To bolster your claim, gather:
- Photos of injuries and the accident scene.
- Records of medical or psychological treatment.
- Supportive testimonials from loved ones.
- A pain journal detailing your experience.
Strong evidence increases your chances of fair compensation for your personal injury claim.