How is Pain and Suffering Calculated?
If you have suffered an injury in an accident, you may have sustained any number of injuries. Notwithstanding a pile of medical bills and lost income, you may experience pain and suffering, which can manifest itself in strained relationships and financial stress. Personal injury victims can recover compensation for pain and suffering, but it often takes the assistance of skilled counsel.
At John Price Law Firm, LLC, we have been helping injury victims recover compensation for their injuries for over 35 years. If you are experiencing emotional stress following an injury, it is time you speak with our dedicated personal injury lawyers.
What is “Pain and Suffering?”
“Pain and suffering” is a legal term that is used to describe the bulk of non-economic damages. Non-economic damages are those losses that do not have a financial component but do impact a person’s quality of life.
Unlike economic damages, which would include lost earnings, medical bills, loss of retirement income, and other monetary losses, non-economic damages are nonpecuniary losses. In a personal injury, pain and suffering may include anxiety, depression, loss of enjoyment of life, mental anguish, and emotional distress.
Calculating Pain and Suffering
There are two popular methods for calculating pain and suffering: the multiplier method and the per diem method.
Multiplier Method
At John Price Law Firm, LLC, we typically use the multiplier method to calculate non-economic damages. It involves rating your injury on a scale from 1 to 5 (least to most severe). Based on this number, we multiply it by your total economic damages.
An example of the multiplier method may look like this:
[$100,000 of medical expenses] + [$25,000 of lost income] + [$5,000 of vehicle repairs] = $130,000 total economic damages
[$130,000 total economic damages X [4 multiplier] = $520,000 pain and suffering damages
Per Diem Method
Latin for “per day,” the per diem method determines a daily rate multiplied by the number of days the pain and suffering persists. Often, daily income is used to calculate a daily rate.
An example of the per diem method may look like this:
$120 daily rate X 180 days spent in pain= $21,600 pain and suffering damages
Unfortunately, long-term and permanent injuries are more difficult to calculate using this method. Additionally, medical expenses and vehicle repairs are not included in this calculation, making it less accurate than the multiplier method.
Providing Evidence for Pain and Suffering
As you can probably tell, pain and suffering damages are based heavily upon economic damages. While an insurance adjuster may use the multiplier method to calculate pain and suffering damages, it will often not take the entirety of your pain into account. A personal injury attorney will speak with experts and collect testimony to determine how pain has impacted your life.
Other evidence that may support a pain and suffering claim include:
- How physical discomfort has affected your ability to have meaningful relationships
- If you have trouble performing daily tasks, such as grooming yourself
- If and how the pain has affected your sleep
Speak with a Charleston Personal Injury Lawyer Today
Too many times, stress is not factored into a victim’s award amount from a personal injury settlement. Many personal injury victims do not realize that they are entitled to compensation for pain and suffering, preventing them from receiving what they deserve.
If you have suffered an injury in Charleston or the surrounding areas, our personal injury lawyers are prepared to fight for you. To schedule your complimentary consultation, contact us by calling 843-552-6011 or by filling out our online contact form.