In personal injury cases, individuals often seek compensation for physical pain and emotional suffering caused by their injuries. While medical expenses and lost wages have clear dollar amounts, calculating pain and suffering involves a more subjective evaluation. Understanding how this process works can help claimants better navigate their legal options.
The multiplier method
One common approach to calculating pain and suffering is the multiplier method. In this method, the individual’s actual damages—such as medical bills and lost income—are multiplied by a number between 1.5 and 5. The exact multiplier depends on factors like the severity of the injury, the length of recovery, and whether the injury has caused long-term or permanent effects. For example, a more severe injury with lasting impacts might warrant a multiplier of 4 or 5.
The per diem method
The per diem method assigns a daily dollar amount to the injured person’s pain and suffering. This amount is then multiplied by the number of days the individual experiences pain or emotional distress. The daily rate often reflects the individual’s daily earnings or another reasonable amount. This method works better for injuries with a more predictable recovery period.
Factors influencing calculations
Several factors influence pain and suffering calculations. Courts and insurance companies consider the nature and extent of the injury, the individual’s age, and the impact of the injury on daily life. Visible injuries, permanent disabilities, and psychological conditions like post-traumatic stress disorder (PTSD) often lead to higher settlements.
Building a strong case
Documentation plays a critical role in supporting personal injury claims. Medical records, photographs of injuries, and testimony from medical professionals can strengthen a case. Journals detailing daily struggles and emotional challenges provide additional evidence of non-economic damages.
Pain and suffering calculations are not an exact science, but understanding the methods and factors involved can help individuals protect their rights and seek appropriate compensation.
