PI Lawyer Explains How Pain and Suffering Damages Are Calculated
Personal injuries can be more than just physical. The victim has to go through physical pain, emotional distress, and psychological trauma due to a personal injury. Such situations might be very stressful.
Calculating these damages is very vital in claiming compensation. One can bounce back from a personal injury only by getting the right compensation. One can claim for pain and suffering damages that they have faced.
Pain and suffering are classified as non-economic damages. It means losses that are not linked to finance, such as pain, mental distress, and a reduced standard of living. A person involved in a crash may experience chronic pain, develop a fear of driving, and so on. Only by getting the right compensation can they improve their life. This article explains how pain and suffering damages are calculated.
Types of Pain and Suffering Damages
Pain and suffering damages can be broadly classified into two
- Physical Pain: A physical pain might include pain due to injury, like broken bones, nerve damage, chronic pain, etc.
- Emotional Pain: Mental distress, depression, anxiety, and PTSD (post-traumatic stress disorder) are considered emotional pain in a personal injury.
Calculating Methods
Lawyers and insurance companies use two primary approaches to calculate pain and suffering damages.
The Multiplier Method
This is the commonly used method to calculate damages. In this method, they add up the total economic damages, like medical bills and lost income. More precisely, this calculation is done by summing up all special damages and multiplying the total by a value ranging from 1.5 to 5. The result shows how severe your pain and suffering were.
The Per Diem Method
Another method that is followed is the per diem method. In Latin, the word per diem means “per day.” It assigns a daily rate to the victim’s suffering. In this a certain amount will be paid from the day of the accident till MMI (Maximum Medical Improvement).
Factors that Influence Pain and Suffering Damages
Several factors that influence the damages are
- Severity of the injury is a major factor. If one has faced heavy damage, they might get more compensation compared to minor damages. This is determined by evidence like MRIs and other scans.
- Duration and future effects can influence the total damage. Chronic pain is not the same as temporary discomfort. Insurers might increase the compensation cost for this.
- Emotional and psychological harm, such as PTSD or insomnia, adds value in calculating the damage.
Evidence to Strengthen a Pain and Suffering Claim
No matter what calculation method is used, only gathering strong evidence can get you high compensation.
Evidence That Plays a Crucial Role
Medical Records: These records say the severity of the injury, type of treatment, and recovery time. Also, they provide information about long-term physical therapy and the prescription of medicines used. These medical records are very important in claiming compensation.
Testament From Friends and Families: They are called “before and after” witnesses. They can testify on how the injury changed the victim’s life, mood, and capacity to do work.
Photos and Videos: Images of severe injuries and videos demonstrating the difficulty in performing daily tasks can be very important.
Psychological Records: Medical records of therapy for anxiety, depression, or PTSD can create solid proof for your emotional distress.
Key Takeaways
- A personal injury can ruin one’s life in a fraction of a second.
- One might face financial loss, like the piling up of medical bills and other treatment costs that can be a tremendous burden during such times.
- The right compensation for the injury is the only way one can get their life back.
- These damages are calculated by insurers and lawyers using two methods: the multiplier method and the per diem method.
- Along with this, providing the right evidence can make your case strong.
