How To Calculate Pain and Suffering Damages
Accidents can leave a lasting impact that goes beyond medical expenses and property damage. They can result in a lifetime of pain and suffering. If you've been injured in an accident, filing a personal injury claim may help you recover the damages you've endured. At Roden Law, our experienced personal injury lawyers work closely with individuals, fighting to ensure they receive every dollar of compensation they deserve.
What is Pain and Suffering?
When it comes to personal injury cases, pain and suffering is a comprehensive term that encompasses a wide array of physical and emotional consequences resulting from an accident. At Roden Law, we know that if you can demonstrate the impact of these issues on your life, you may be entitled to compensation. It's essential to note that pain and suffering damages do not cover medical bills, vehicle repairs, or lost wages. Instead, they address the physical pain you've experienced in the past and will continue to endure due to your injury. Additionally, they account for the mental anguish stemming from the event and its aftermath.
Real-Life Examples of Pain and Suffering
The category of pain and suffering damages encompasses both physical and emotional pain. Let's take a closer look at some instances of physical pain and suffering that may be considered:
- Long-term disability or impairment that affects your daily life
- Anticipated limitations to your physical abilities now and in the future
- Complications that disrupt your everyday routine
- Persistent physical discomfort and pain
- Significant disfigurements like scars, amputations, or burns
- Loss of bodily function that hinders your quality of life
Emotional pain and suffering also play a significant role in your overall well-being. Here are a few examples of the emotional toll that may be considered:
- Feelings of depression or anxiety resulting from the accident
- Post-traumatic stress disorder (PTSD) triggered by the traumatic event
- Disturbed sleeping or eating patterns due to the emotional impact
- Inability to engage in activities you once enjoyed, leading to a loss of pleasure
- Unpredictable mood swings that affect your relationships and daily life
- Overwhelming fear, anger, or humiliation stemming from the incident
Causes of Pain and Suffering: Establishing the Link
Pain and suffering can arise from various types of injuries or accidents. However, it is crucial to examine the specific factors that contribute to these damages. At Roden Law, we recognize the significance of identifying the underlying causes when seeking compensation for pain and suffering.
Compensation may be available if your pain and suffering can be attributed to the following:
- Pain resulting directly from the injury: If the injury itself causes physical pain, you may be eligible for compensation.
- Pain stemming from necessary medical procedures: Surgeries, physical therapy, or other essential treatments can lead to pain and suffering, for which you may be entitled to compensation.
- Ongoing or chronic pain caused by the injuries: If your injuries result in prolonged or chronic pain, including future pain, you may be eligible for compensation to address the enduring effects.
- Mental anguish regarding the pain and the impact on your future: It's essential to consider the emotional distress caused by the pain and the long-term consequences it has on your life. Compensation can be sought for this mental anguish.
In personal injury cases, establishing a direct link between your injuries and the lasting mental or physical anguish is critical. Without this connection, it becomes challenging to recover compensation for your pain and suffering. Our experienced team at Roden Law understands the importance of establishing this link and will work diligently to gather the necessary evidence to support your claim.
Calculating Pain and Suffering: A Comprehensive Guide
Determining the value of pain and suffering damages involves various methods. Allow us to shed light on the common approaches used in calculating pain and suffering damages:
The multiplier method is widely employed when evaluating pain and suffering. It entails totaling your economic damages and multiplying them by a variable. Typically ranging from 1.5 to 5, higher variables are assigned to more severe cases. For instance, if you incurred $100,000 in economic damages and a 1.5 variable is applied, your pain and suffering damages would amount to $150,000. Using a variable of four, your claim would reach $400,000.
The variable utilized in this method considers various case-specific factors, such as:
- The severity of your injuries
- The expected duration of your recovery
- The impact of your injuries on your daily life
- The clarity of liability on the other party's part
Per Diem Method
Another frequently employed approach is the per diem method. It assigns a specific dollar amount and multiplies it by the number of recovery days. For example, if a per diem amount of $100 is applied, and your recovery period lasts 14 days, your pain and suffering claim would amount to $1,400.
Adjustments play a crucial role in pain and suffering claims and can influence the multiplier, daily rate, or other calculations. Several factors may contribute to increasing or decreasing the claim value, including:
- Permanent effects resulting from the accident, such as disability or disfigurement
- The length of your recovery period
- Consistency among the victim's diagnosis, injuries, and claims
- The likeability and credibility of the plaintiff
- The presence of a criminal record
- Availability of adequate medical support
Supporting Evidence for Pain and Suffering Claims
While property damages and medical expenses can be readily substantiated through documentation, pain and suffering is subjective and challenging to prove. To strengthen your pain and suffering claim, consider gathering the following evidence:
- Photographs depicting your injuries and the accident scene
- Evidence of medical or psychological treatment received
- Testimonials from supportive family and friends
- A pain journal documenting your experience
Remember, the more compelling evidence you can provide, the greater the likelihood of securing just compensation for your personal injury claim.
Seek Legal Assistance for Your Pain and Suffering Claim
If you have experienced more than just economic damages following an accident, it is crucial to have a skilled personal injury lawyer by your side, advocating for maximum compensation. At Roden Law, our experienced personal injury attorneys possess in-depth knowledge of negotiating insurance claims. During a free consultation, we will assess the value of your claim and fight tirelessly on your behalf. Don't hesitate to reach out to us promptly for the support you need.