How to Calculate Pain and Suffering Damages in a Personal Injury Lawsuit
Determining pain and suffering damages in a personal injury accident can be a complicated process. There is no mathematical formula used to make this determination. Pain and suffering damages recoverable include compensation for mental anguish, denial of social pleasures and life enjoyments, and other non-economic damages.
A Traditional Method for Calculating These Damages Is to Use a Multiplier Formula
The total amount of medical bills and wage loss is multiplied by a number usually between 2 to 5 to determine the non-economic damages. For example, if the total economic damages were $50,000.00, the calculation would be $50,000.00 x 3 = $150,000.00. The multiplying number is usually determined by the severity of the harm and the likelihood that the injuries are permanent. The greater the harm and likelihood of permanent injuries, the higher the multiplier.
Another formula used by personal injury attorneys is to use a per diem formula. This is calculated by asking the jury or judge to assign a daily, weekly, or monthly rate to an injured person's non-economic damages multiplied by how long a person will live if the injuries are permanent. Life expectancy tables are utilized to determine how long a person will normally live if the injury is permanent. For example, if $100.00 a day was used, the victim's pain and suffering is multiplied by the number of days the jury thinks that the pain and suffering is likely to continue.
There are many factors that can go into how much pain and suffering will be awarded in a personal injury case. This also includes the location in which the injury occurs or where the trial is held, as some communities have a reputation for awarding more or less compensation.
Pain and suffering awards will be larger for more severe injuries as well as injuries that lead to a lasting impact on the plaintiff's life. For example, an injury that prevents someone from working or enjoying daily activities will usually result in more pain and suffering compensation than an injury from which the plaintiff recovers in a short amount of time. Generally speaking, the greater the harm caused, the larger the amount of compensation. The amount of compensation is an attempt to balance the harm caused to a person's life.
If you or somebody you love has been injured due to the negligence of another person, you may need an attorney to help secure the compensation you deserve. Please contact Logeman, Iafrate & Logeman, P.C. for a free consultation.
This article is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney at Logeman & Iafrate, P.C. for advice regarding your individual situation.
Frequently Asked Questions
Find answers to what matters most about your case and how we work.
What are pain and suffering damages in a personal injury case?
Pain and suffering damages are non-economic compensation awarded for mental anguish, loss of enjoyment of life, emotional distress, and other intangible harms resulting from an injury. Unlike economic damages (medical bills, lost wages), these damages compensate for the physical pain and emotional impact of injuries.
How is the multiplier method used to calculate pain and suffering?
The multiplier method takes your total economic damages (medical bills and lost wages) and multiplies them by a number typically between 2 and 5. The multiplier is determined by injury severity and permanence. For example, $50,000 in economic damages multiplied by 3 equals $150,000 in pain and suffering damages.
What is the per diem formula for calculating pain and suffering?
The per diem ("per day") formula assigns a daily, weekly, or monthly dollar amount to your pain and suffering, then multiplies it by the duration you'll experience these effects. For permanent injuries, life expectancy tables help determine the timeframe. For instance, $100 per day over the expected duration of suffering.
What factors influence the amount of pain and suffering compensation?
Key factors include injury severity, whether injuries are permanent, impact on daily life and work ability, recovery time, geographic location of the trial, and the specific circumstances of your case. More severe injuries with lasting impacts typically result in higher compensation awards.
Do I need an attorney to calculate pain and suffering damages?
Yes, an experienced personal injury attorney is essential for accurately calculating and maximizing your pain and suffering damages. Attorneys understand which formula to apply, how to present evidence of your suffering, and how to negotiate with insurance companies to secure fair compensation for your injuries.
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