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Thankfully, we’re now in an era where the non-economic side effects of an accident are given due recognition. The law fully allows individuals to seek compensation for any pain and suffering they have suffered due to an injury caused by another person.
However, the calculation of these non-economic damages isn’t as straightforward as their economic counterparts. Several factors have to be taken into account; without the right guidance, the victim is likely to overlook a few that matter. An attorney can offer this guidance.
The different personal injury cases an attorney handles include motor vehicle accidents, medical malpractice, product liability, and more. Regardless of this, it is important to note that an attorney will consider pain and suffering damages to be added to the final compensation amount.
Factors Typically Considered
When it comes to calculating pain and suffering in a personal injury case, these are the factors that are usually taken into account:
Severity of Your Injury : This is often the most significant factor. If you’ve suffered a serious injury, like a fracture or a head injury, it’s going to have a major impact on your life. If you broke your leg, you might be unable to walk for months; of course, this will affect your job as well as your social life. The worse the injury, the more compensation you might be entitled to because it’s directly linked to your level of suffering.
Emotional Effects : If the accident has left you feeling anxious, depressed, or scared to drive again, that’s valid. Emotional pain is real and can affect your relationships and overall happiness, so it should be part of the equation when calculating compensation.
Your Age : Age can also impact the calculation. Younger individuals might receive higher compensation because they have more years ahead of them to deal with the effects of their injuries. For example, a 25-year-old with a life-altering injury may have many more years of challenges ahead compared to someone older.
Medical Treatments : The types and lengths of medical treatments you’ve undergone also matter. If you’ve needed surgeries, physical therapy, or ongoing treatments, that adds to your pain and suffering. Each treatment can bring its own challenges and discomfort, so when you calculate, make sure to add up every single one of them.
Who Does the Calculations?
These are the parties in charge of the calculations in a personal injury case:
Insurance Adjusters : Your claim goes into the hands of the adjuster when you submit it. These are the people from the insurance company who would thoroughly assess your situation. These adjusters would look over your injuries, check your medical records, and sift through all sorts of relevant details to come up with a figure they think is fair. But then, insurance companies are often more interested in keeping costs down than giving you what you truly deserve.
So, don’t be surprised if their first offer feels way too low or doesn’t really reflect the pain and struggles you’ve been through.
Personal Injury Lawyers : These are the legal professionals who know the ins and outs of personal injury law like the back of their hands. They’ll help you figure out a fair amount for your pain and suffering, considering everything we’ve talked about.
Your lawyer will fight for you during negotiations and make sure every aspect of your experience is taken into account. Having someone who knows the ropes can really take a load off your shoulders.
Juries : Finally, if your case ends up in court, you’ll be looking at a jury to decide how much you should get for your pain and suffering. These people are your peers, and they’ll listen to your story, look at the evidence, and hear from experts before making a decision. They can relate to personal experiences, so if you present your case in a way that resonates with them, it could lead to a more favorable outcome.
When you go before a jury, that is your chance to share how the accident has changed your life; if you’re lucky enough to get a sympathetic jury, chances are you’ll be going home with a good sum.
Methods to Calculate Pain and Suffering
There are two methods to calculate pain and suffering. Both are explained below.
The Multiplier Method
The multiplier method is a way to calculate pain and suffering damages in personal injury cases. It involves multiplying your actual financial losses, like medical bills and lost wages, by a number, usually between 1.5 and 5. The more severe the injury, the higher the multiplier.
For example, if you had $10,000 in medical expenses and a multiplier of 3, your pain and suffering would be valued at $30,000. This method helps courts or insurance companies estimate non-economic damages based on the impact the injury has had on your life.
The Per-Diem Method
The per-diem method calculates pain and suffering by assigning a daily dollar amount to your discomfort and multiplying it by the number of days you’ve been in pain.
For instance, if your pain is valued at $100 per day and you’ve suffered for 100 days, your total compensation for pain and suffering would be $10,000.
The daily rate is often based on your earnings or the severity of your injury. This method aims to give a reasonable estimate for how much compensation is fair for each day of physical or emotional suffering.
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