When injured by someone else’s negligence or intentional wrongdoing, many individuals focus on tangible costs like medical bills, property damage, and lost wages. However, there is another crucial element to consider: pain and suffering.
Many accident victims are unfamiliar with how pain and suffering damages are calculated. Understanding what pain and suffering is and how damages are calculated can help you be better prepared for what to expect in a personal injury case.
Calculating pain and suffering damages is not an exact science. Generally, two popular methods are used: the Multiplier Method and the Per Diem Method. Both approaches aim to fairly compensate the victim for their pain and suffering.
What Are Pain and Suffering Damages?
Pain and suffering refer to the physical discomfort and emotional distress one endures following an accident or injury. This can include anything from chronic pain and mental anguish to loss of enjoyment in life activities and severe psychological impacts such as anxiety or depression. Unlike medical bills or lost wages, which come with receipts and clear monetary values, pain and suffering damages are more subjective and difficult to quantify.
This includes the actual pain and discomfort resulting from the injury and any ongoing issues or complications that may arise. This could be chronic pain, scarring, or limitations on mobility.
Pain and suffering also involves a broader impact on the victim’s mental state. For example, victims might experience depression, anxiety, sleep disorders, or Post-Traumatic Stress Disorder (PTSD) as a result of their injuries.
The Multiplier Method
The Multiplier Method is the most common approach used by insurance companies. Here’s how it works:
- Calculate Special Damages: These refer to quantifiable damages, such as medical expenses and lost earnings.
- Choose a Multiplier: The overall impact of the injury is assessed using a multiplier. This can range from 1.5 to 5, depending on the severity of the injuries. Severe injuries with long-lasting effects, like permanent disabilities, might warrant a higher multiplier. In contrast, minor injuries might use a lower number.
- Multiply and Add: The special damages are multiplied by the selected Multiplier to calculate the pain and suffering component. This result is added to the special damages to get the total settlement amount.
For instance, if your medical expenses and lost wages amount to $10,000, and a multiplier of 3 is applied, the pain and suffering damages would be $30,000 ($10,000 x 3). Thus, the total compensation would be $40,000.
The Per Diem Method
The Per Diem Method involves assigning a daily dollar amount to the victim’s suffering. Here’s how it generally works:
- Assign a Daily Value: This could be based on the victim’s daily earnings or another reasonable daily rate reflecting their daily pain and suffering experiences.
- Calculate the Duration: Determine the period during which the victim is expected to suffer. This could be until they make a full recovery or for the foreseeable future in the case of long-term or permanent injuries.
- Multiply the Two: The daily value is multiplied by the number of days the victim will suffer.
For example, if you assign a daily rate of $100 and the victim is expected to suffer for 200 days, the damages would be $20,000.
What Influences the Calculation?
Several factors can influence these calculations:
- Severity of injury: Severe injuries that cause more pain and take longer to heal will likely result in higher pain and suffering damages.
- Impact on daily life: If the injury severely affects your ability to perform daily tasks or enjoy hobbies and activities, it might increase the compensation.
- Age and health: A young, healthy person might have different implications and future impacts than someone older or with existing health issues.
- Credibility and evidence: Strong, credible evidence supporting the plaintiff’s claims, such as medical records, expert testimonies, and personal accounts, can influence the amount awarded.
Understanding these factors and how they interplay can be crucial in ensuring that pain and suffering damages are accurately and fairly calculated, ultimately leading to just compensation for the injured party.
The Role of Emotional Testimonies and Documentation
While some methods help estimate pain and suffering, comprehensive documentation can make a substantial difference in your case. Evidence of medical treatment, counselor or therapist statements, personal journals detailing your pain, and testimonies from friends and family can all contribute to establishing the extent of your suffering.
Courts and insurance adjusters may consider emotional testimonies powerful. A personal insight into how the injury has altered your life can help establish the real impact of your pain and suffering.
A Personal Injury Lawyer Can Help You Pursue Pain and Suffering Damages
Navigating pain and suffering claims can be complex, and it often requires the expertise of a personal injury lawyer who understands the nuances of these calculations and the legal landscape in West Virginia. Experienced attorneys can negotiate with insurance companies on your behalf and ensure you receive a fair settlement.
Dedicated personal injury lawyers are committed to supporting injured clients through these challenging times. They understand the intricacies of pain and suffering damages and can work diligently to secure the compensation accident victims deserve.
Contact Our Charleston Personal Injury Lawyers for a Free Consultation
Pain and suffering damages are critical in the aftermath of an injury caused by an at-fault party. Understanding how they are calculated is essential for receiving fair compensation. Victims can improve their chances of a favorable outcome by employing reputable methods like the multiplier and per diem methods and ensuring comprehensive documentation.
If you or a loved one are dealing with an injury and seeking to understand your full rights and potential compensation, contact us today for a consultation. Let Farmer, Cline & Campbell Personal Injury Lawyers guide you through the complex world of personal injury claims, ensuring you get the justice you deserve.
Visit Our Personal Injury Law Office in Charleston, WV
Farmer, Cline & Campbell Personal Injury Lawyers
746 Myrtle Rd, Charleston
WV 25314
Open 24 hours
(304) 346-5990
