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In personal injury cases, calculating pain and suffering can be one of the most challenging aspects of determining damages. Unlike economic damages, such as medical bills or lost wages, pain and suffering are intangible. However, they are a critical component of compensation for individuals who have experienced physical and emotional distress due to an injury.
Our peers from Marsh | Rickard | Bryan, LLC, have extensive experience evaluating the intangible value of pain and suffering, emotional trauma, diminished quality of life, and other non-economic compensation that many personal injury victims like you are entitled to collect. Today, they’re giving a peek into what your attorney considers when calculating the monetary value of your pain and suffering.
Understanding Pain And Suffering In Personal Injury Claims
Pain and suffering encompass both physical pain and emotional distress resulting from an injury. This includes:
- Physical Pain: The discomfort and pain endured due to the injury, medical treatments, or long-term physical effects.
- Emotional Distress: Anxiety, depression, and other psychological impacts that arise from the injury and its aftermath.
- There are two main types of damages for pain and suffering:
- General Damages: These cover the physical pain, emotional distress, and loss of enjoyment of life. They are subjective and vary greatly from case to case.
- Special Damages: While primarily economic, special damages can also indirectly account for pain and suffering, such as compensation for loss of quality of life due to long-term or permanent disabilities.
Methods For Calculating Pain And Suffering
Most personal injury lawyers use these two common methods of calculating pain and suffering damages, although your case may have unique considerations:
- Multiplier Method: This is one of the most common approaches. It involves calculating your economic damages (medical bills, lost wages) and multiplying this amount by a factor. The multiplier depends on the severity of your injury, the impact on your life, and other factors.
- Per Diem Method: This method involves assigning a daily monetary value to your pain and suffering and multiplying it by the number of days you have suffered. For example, if you assign a daily value of $100 and you’ve suffered for 180 days, the calculation would be $100 x 180 = $18,000. This approach can be more precise but requires a reasonable estimate of daily suffering.
Factors Affecting Pain And Suffering Calculations
Several factors influence the amount awarded for pain and suffering:
- Severity of the injury
- Duration of recovery
- Impact on quality of life
- Considerations of mental anguish, such as depression or anxiety
Proving Pain And Suffering
To support your claim for pain and suffering, documentation is essential:
- Personal Statements: Testify about your emotional distress and how the injury has impacted your daily life.
- Witness Testimonies: Statements from family, friends, or colleagues can provide insight into the changes in your quality of life.
- Medical Records: Provide detailed records of your injuries, treatments, and the physical pain experienced.
Given the subjective nature of pain and suffering, working with a personal injury lawyer can be invaluable. An experienced attorney can help assess the value of your pain and suffering claim, gather the necessary evidence, and negotiate with insurance companies to ensure you receive fair compensation.
