How Pain and Suffering Damages Are Calculated in Michigan

Michigan does not have a standard formula or rule book for determining the settlement value for pain and suffering damages suffered by a car accident victim. There are many factors involved when making this determination.

In general, damages recoverable refer to the financial compensation an injured victim is entitled to that should make up for the harm caused to the person as a result of the injuries suffered in the accident.

An Injured Person Can Recover Compensation for the Following:

• Loss of enjoyment of life
• Physical disfigurement and scarring
• Depression and anxiety
• Diminished quality of life
• Cognitive and emotional damages
• Physical pain and suffering

Methods for Placing a Dollar Amount on Pain and Suffering Damages or Non-Economic Damages

Even though there is not a standard formula to calculate pain and suffering damages, insurance companies and lawyers frequently use one of two methods for calculating non-economic damages. Some insurance companies use computer software to make these calculations.

Multiplier of Economic Damages

The multiplier method is a common pain and suffering calculator used for personal injury claims. The calculation is simple. The total of economic damages is multiplied by a number between three and five. This method can be unfair where the amount of medical treatment does not correlate with the severity of injuries. For example, a broken bone that heals entirely in a few weeks would cause much less pain and suffering than a traumatic brain injury that results in chronic headaches and little medical treatment.

The simple fracture case might be assigned a multiplier of two, while the traumatic brain injury case might receive a multiplier of five.

Other Factors to Consider Include:

• How the injury impacts the person's daily life
• The person's appearance after and before the injury
• The impact on a person's life caused by the injury
• Whether the injury resulted in a disabling condition
• The impact of the injury on the person's employment or ability to work
• How the injury affects the person's social relationships
• The need for future medical treatment

Each case is different. Therefore, the choice of a multiplier is subjective and may not be an accurate method of calculating damages.

Per Diem Method

The per diem method assigns a dollar amount per day, per week, month, etc., for pain and suffering damages. For example, a jury might assign a per diem of $100 per day for pain and suffering damages. The per diem is paid for each day from the injury date to when the injury has resolved. So, if someone's injury lasted 365 days, the calculation would be 365 days x $100 or $36,500 for non-economic damages. Or, if the pain and suffering was severe for two weeks and not as significant thereafter, the calculations could be 14 days x $1,000 and 351 days x $100 or $35,100 plus $14,000 – $49,100. The per diem method can be altered to reflect the changing level of pain and suffering as someone heals from their injuries.

How Do I Prove My Claim for Pain and Suffering Damages?

Your attorney needs to convince the insurance adjuster or jury members of the total impact of your harm caused by the injury. Evidence that can demonstrate the level of your suffering and pain includes:

• Photographs of injuries
• Medical records
• Opinions and statements from medical doctors
• Videos of your daily life
• Opinion letters and records from therapists, physicians, and counselors
• Statements or testimony from family members, friends, co-workers, or witnesses

Excellence in Personal Injury Law and Representation

The best method to determine the value of your pain and suffering case is to have an experienced personal injury attorney evaluate your case. Please contact Logeman, Iafrate & Logeman, PC 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.