When someone suffers a personal injury, the effects go beyond physical harm. Pain and suffering damages aim to compensate for the emotional and psychological toll of an injury. These damages are subjective and vary from case to case.
Types of pain and suffering
Pain and suffering damages fall into two categories: physical and emotional. Physical pain refers to the discomfort and distress experienced due to injuries. Emotional pain covers anxiety, depression, trauma, and other psychological effects caused by the injury. Both types can significantly impact a person’s quality of life.
How lawyers calculate pain and suffering
Personal injury lawyers typically use two common methods to calculate pain and suffering damages: the multiplier method and the per diem method.
- Multiplier method: This approach involves adding up all the economic damages, such as medical bills and lost wages, and multiplying that total by a factor. The factor usually ranges from 1.5 to 5, depending on the severity of the injury and its long-term effects.
- Per diem method: In this method, a daily amount is assigned to the individual’s pain and suffering. This daily rate is then multiplied by the number of days the person experiences pain or is impacted by the injury.
Other factors affecting calculations
In addition to the multiplier and per diem methods, lawyers consider other factors. These include the severity of the injury, how long recovery is expected to take, the impact on the individual’s daily life, and whether the individual contributed to the accident. Each of these elements helps lawyers determine a fair and appropriate amount for pain and suffering damages.
Pain and suffering damages play a crucial role in personal injury cases. By working with an experienced lawyer, individuals can ensure they are compensated for all aspects of their injury, not just the financial costs.
