Personal injury cases include more than just medical bills and lost wages. Injured individuals endure physical pain, emotional distress, and a diminished quality of life. Courts and insurance companies acknowledge these hardships and offer compensation for pain and suffering. However, determining this type of compensation requires more than simply adding up receipts.
Understanding pain and suffering damages
Pain and suffering refer to non-economic damages that result from an accident. These damages include physical pain, emotional distress, anxiety, depression, and the loss of enjoyment in daily activities. Unlike medical expenses or property damage, no fixed dollar amount applies to these damages, making them more difficult to quantify.
The multiplier method
The multiplier method remains one of the most common ways to calculate pain and suffering. This approach multiplies total economic damages, such as medical expenses and lost wages, by a number ranging from 1.5 to 5. Factors such as injury severity, recovery time, and long-term impact determine the multiplier. More severe injuries typically receive higher multipliers.
The per diem method
The per diem method calculates pain and suffering by assigning a daily value to the individual’s discomfort. This value often corresponds with the individual’s daily earnings before the injury. Multiplying this rate by the number of days required for recovery determines the total compensation. Although this method simplifies the calculation, insurance companies may dispute the assigned daily rate.
Factors that influence compensation
Several factors determine the final compensation amount for pain and suffering. Injury severity, necessary medical treatment, long-term effects, and supporting evidence all contribute to the outcome. Testimony from medical professionals, psychological evaluations, and personal statements help strengthen a claim.
Insurance companies frequently attempt to reduce non-economic damages. Thorough documentation and a clear demonstration of daily life disruptions can increase settlement amounts. A strong understanding of pain and suffering calculations helps injured individuals secure fair compensation after serious injuries.