Thursday, May 20, 2021

How Are Pain and Suffering Damages Calculated?

When you file a personal injury claim, it will typically include pain and suffering as a factor in justifying a higher settlement amount. This is because your anguish during this particular hardship was at no fault of your own and is compensable. It may be difficult for you to estimate how much you will receive based on the type of emotional pain you experienced. A consultation with a professional attorney can help. You can learn more about what methods are used for calculating pain and suffering damages by reading below.

The Way Pain and Suffering Damages Are Calculated

Damages for pain and suffering are calculated in two main ways. There are the multiplier and the daily rate approaches.

What Is Considered Pain and Suffering

According to Murray & Murray, there are general and special damages you can claim on your settlement. General damages pertain to pain and suffering, while special damages pertain to economic losses. You can claim emotional distress, career loss, reduced quality of life, physical impairment, physical pain and suffering, loss of companionship, and mental agony. For special damages, you can include all economic costs, such as medical bills and income loss. You will only be counting the general damages in this calculation. 

Multiplier Method 

A popular way to estimate your pain and suffering damages is to add up all of the damages in total, then multiply the number by an amount between 1.5 to 5. You would choose the lower number if the seriousness of the damages wasn’t very high. However, the higher multiplier would be equal to the level of difficulty you experienced. The multiplier mostly signifies how greatly your suffering impacted your life. 

High-Multiplier Factors

Events that may allow you to have a high-multiplier include whether or not the other party is at fault for the accident. Also, if injuries have been identified by medical practitioners, this will help. Injuries that are extremely noticeable increase the multiplier. For example, this is if you have a large wound or a broken bone. If your emotional pain is noticed or treated by a doctor, this can be additional proof. A recovery period longer than six months will also be a factor. If you have problems that will extend into the future, or the injury is permanent, the multiplier will go up as long as these injuries have been medically documented.

Daily Rate Method

In this approach, you estimate an amount you deserve for every day that you experienced pain because of your accident. You would go by the rule of thumb that you could be living pain-free had the offending party not been neglectful. Because they are liable for your injuries, you can come up with a price that they pay for as long as your suffering continues. It has to be a reasonable amount and not exaggerated. One place to start is by using your current daily earnings. This would not work for permanent and long-term injuries, which would require a much higher settlement. 

Get Expert Advice From a Lawyer

When you are trying to recover from your recent injury, it can be a struggle to get your life back to normal. Pain and suffering can be a great hamper on your daily recovery. To get the highest settlement, you can work with a team that has your best interest at heart. Contact a sharp attorney who can fight for your case.

This is a guest blog entry.

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