In personal injury lawsuits, “pain and suffering” refers to the physical pain and psychological trauma that an individual suffers due to an injury. These non-economic damages encompass a range of suffering. They include physical pain, emotional pain, loss of enjoyment of life, and other subjective experiences that reduce the quality of life.
When calculating pain and suffering in a personal injury claim, the extent of the injury, the impact it has on daily life, and the recovery duration are significant factors. Since these damages are subjective, courts and insurance companies tend to employ methodologies like the multiplier method or the per diem method to reach acceptable compensation.
Understanding these calculations can help injury victims negotiate fair compensation.
Methods of Calculation:
- Multiplier Method: This default method involves the multiplication of the amount of economic damages (e.g., medical bills and lost wages) by a figure between 1.5 and 5. The multiplier depends on the gravity of the injury. The more severe or longer-lasting the pain and suffering, the higher the multiplier.
- Per Diem Method: The method places a specific sum to each day the victim suffers and is in pain from the moment of the injury until the point of complete recovery. For example, if a per diem rate of $100 is set and recovery lasts 200 days, pain and suffering damages would be $20,000.
Factors That Influence the Calculation:
1. Intensity and Duration of the Trauma
More severe injuries, such as spinal cord injury or amputation, usually cause more prolonged pain and suffering, which deserves more compensation. Long-term conditions involving ongoing treatment also raise damages, the courts establishing long-term impact through medical report and expert testimony. The longer the recovery period or permanent incapacity, the higher the prospect of substantial compensation.
2. Impact on Daily Life
If a daily activity, work, or hobby is restricted by an injury, it can enhance pain and suffering damages. The courts consider the impact upon quality of life, on evidence and medical opinion. A musician who loses the use of his hands, for example, might be entitled to more money than a person suffering from a less disabling injury.
3. Age and Health of the Victim
Younger, healthier patients are awarded more since they have a longer expected time of suffering. Prior injuries can also influence damages, especially if the injury worsens them. Courts also look at long-term professional and personal life impacts. A sudden loss of health or mobility due to injury can increase non-economic damages.
4. Jurisdictional Guidelines
Other jurisdictions put a cap on non-economic damages, determining payments regardless of injury severity. Still, others utilize elastic standards based on lost income, emotional distress, and medical bills down the line. Court decisions and state legislations heavily determine the final value paid.
Remember, pain and suffering calculations are subjective in character and can vary greatly based on unique circumstances and jurisdictional differences. You might need to refer to the opinion of a legal professional who is an expert in the field of personal injury law to address such complexities the right way.