Introduction
Once a person sustains an injury during an accident, the economic losses are easy to identify: Medical expenses, lost income, and destruction of property. But the pain and suffering damages are infinitely more difficult to quantify. Victims are entitled to be compensated financially for their economic damages as well as their emotional trauma, physical pain, and long-term effects ontheir lifestyle. It is imperative that anyone who is bringing a personal injury claim within the United States understands the pain and suffering claim calculation processes.
What Are Pain and Suffering Damages?
Pain and suffering damages are among the non-economic damages that are suffered in a personal injury matter.
Unlike medical expenses or lost wages, such damages are paid as compensation for:
- Physical pain due to the injury
- Emotional pain and suffering
- Loss of enjoyment of life
- Anxiety, depression, and sleep disorders
- Protracted disablement or disfigurement
As being intangible, insurance providers as well as courts use diverse methodologies while making pain and suffering calculations.
Things to keep in mind: pain and suffering damages, non-economic damages, allegations of emotional distress, and personal injury settlement
Why Calculating Pain and Suffering Is Complex
Every accident victim suffers differently. A broken leg to a professional footballer, say, would be worse than to an office-bound man. Insurance claim adjusters and lawyers need to judge:
- Severity of the injury
- Length of recovery time
- Effect on daily chores
- Need for continuation care or therapy
- Durable outcomes or scarring
- This is why the calculation of injury claims differs so much.
Common Methods to Calculate Pain and Suffering
There are two most common pain and suffering damages calculation formulas that people employ within the United States:
1. The Multiplier Method
The tesseral method is a standard formula. It works like this:
- Maybe a figure is put on total economic damages (the sum of all medical bills and lost wages).
- That amount is then multiplied by a number (typically 1.5 to 5), depending on the injury’s severity.
So if your medical bills and lost wages are $50,000 (the “special compensatory damages”) and the multiplier is 3, then you might expect to receive up to $150,000 for pain and suffering.
When considering damages, though, things get much more complicated as the value of pain and suffering is a bit less straightforward.
2. The Per Diem Method
It gives a daily multiplier to the victim’s pain times the number of days the victim is likely to suffer.
Each day the rate is $200, the victim suffers for 300 days, the settlement for pain and suffering would be $60,000.
Other Factors That Influence Pain and Suffering Settlements
In addition to these two methods, the courts and insurance companies also takes in account:
- Medical proof (report of physician, X-rays, testimony concerning therapy)
- Specialized testimony (vocational experts, psychologists
- Effects on lifestyle (new-found job, hobbies lost, relationships strained)
- The following comparative laws on negligence within a state (if the victim was, to an extent, negligent)
Role of Insurance Companies in Pain and Suffering Claims
Insurance providers routinely aim to make lower payouts by contesting the amount of anguish. Insurance companies sometimes employ software applications such as Colossus to calculate personal injury payout values. It is important to have a seasoned lawyer to be fairly compensated.
Using a Pain and Suffering Calculator
Most individuals point to an internet pain and suffering estimator. Although the websites will provide an estimate, they will not be able to factor in the exceptional cases like emotional distress or even lifelong disability. A seasoned personal injury lawyer will be able to estimate more closely.
How a Personal Injury Lawyer Can Help
An experienced lawyer can:
- Negotiation with insurance adjusters
- Offer up-to-date medical and psychiatric research
- Prescribe a higher multiplier where the cases are serious
- Take up a lawsuit if the offer accepted is unfair
Conclusion
Pain and suffering claims in the USA are not a science. The multiplier method and per diem method help frame, but each case varies. Maxing your injury claim payout comes best through the services of a qualified personal injury lawyer who knows the ins and outs of non-economic damages and knows how to advocate on your behalf.
Frequently Asked Questions (FAQs)
Pain and suffering are typically defined as the physical pain and mental anguish sustained with an injury. These include discomfort, anxiety, depression, or loss of enjoyment of life.
It is normally calculated based on the multiplier method or the per diem method, taking into consideration medical costs, recovery time, and the severity of injury.
Yes, however, insurance companies usually attempt to pay the least amount possible by minimizing the injury or emotional impact.
Some have limits, particularly for medical malpractice cases, but again, many personal injury claims do not have a fixed cap.
Yes, but having a personal injury lawyer often helps in getting fair and higher compensation.