How Pain and Suffering Are Calculated in Personal Injury Cases
Pain and suffering in personal injury law can be a little confusing. A lot of people assume it’s a bogus concept entirely, while other people may assume they’ll get far more (or far less) for pain and suffering than in reality.
If you’ve been injured due to someone else’s negligence, you may be entitled to compensation not just for your medical bills and lost wages, but also for the pain and suffering you’ve experienced. As a personal injury lawyer, I’m here to explain how this part of your compensation is calculated and why it’s so important to have an experienced lawyer by your side.
What Is Pain and Suffering?
Pain and suffering refer to the physical pain and emotional distress you endure because of your injury.
This can include things like:
- ongoing pain
- difficulty sleeping
- anxiety
- depression, and
- the loss of enjoyment in activities you once loved.
Unlike medical bills, which have a clear dollar amount, pain and suffering are more subjective. This can make them harder to calculate.
How Is Pain and Suffering Calculated?
There are two common methods used to calculate pain and suffering in personal injury cases:
The most commonly used – the multiplier method –adds up your actual damages, like medical bills and lost wages, then multiplies it. The multiplier number depends on the severity of your injuries and how much they’ve impacted your life.
The per diem method assigns a daily rate to your pain and suffering. Then they multiply that by the number of days you’ve experienced pain and suffering since the accident.
Factors That Affect Calculation of Pain and Suffering in Personal Injury Law
Several factors can influence how much you receive for pain and suffering, including:
The Severity of Your Injury
More severe injuries typically result in higher pain and suffering compensation.
Impact on Your Daily Life
If your injury has significantly changed your ability to work, enjoy hobbies, or interact with loved ones, your pain and suffering damages may be higher.
Duration of Recovery
The longer it takes you to recover, the more compensation you may receive for pain and suffering.
Your Age and Health
Younger, healthier individuals might receive more compensation because their injuries have a greater impact on their long-term quality of life.
Why You Need a Personal Injury Lawyer
Calculating pain and suffering can be complicated, and insurance companies often try to minimize these amounts to save money.
That’s where I come in.
As your personal injury lawyer, I fight to get you fair compensation for all aspects of your injury, including pain and suffering. I’ll gather evidence, consult with experts, and build a strong case to maximize your compensation. And our team doesn’t make a penny unless and until we win your case.
If you’ve been injured and are dealing with pain and suffering, don’t navigate this process alone. Contact me today for a free consultation.
I’m here to help you get the compensation you deserve and support you every step of the way.