If you have been injured in an accident, you are likely experiencing mental and emotional as well as physical distress. You have recourse under the law to seek compensation not just for physical injuries but also pain and suffering.
Putting a dollar amount on pain and suffering damages is a complicated process, but you can get the guidance and support you need from a pain and suffering lawyer . In this article, we discuss what factors are considered when calculating damages. We will also provide some tips on how to maximize your compensation.
What Is the Legal Definition of Pain and Suffering?
Under the law, pain and suffering are classified as general damages, meaning it is not possible to place an exact monetary value on injuries. General damages are more subjective and can include things like:
● Physical pain and discomfort
● Mental anguish
● Emotional distress
● Loss of enjoyment of life
● The stress of dealing with an injury
To recover general damages, you must prove that the defendant’s negligence caused your injuries. This is generally done by providing medical records and testimony from yourself or your doctor detailing the extent of your injuries and how they have impacted your life.
The Multiplier Method for Pain and Suffering
When calculating pain and suffering damages, many states use a multiplier method. This is a way to calculate the value of general damages in a personal injury case. The jury will multiply your economic damages, including medical bills and lost wages, by a predetermined number to come up with a total amount for pain and suffering. The multiplier is typically based on the severity of your injuries and can range from 1.5 to 5 or more.
The Per Day Method
When calculating pain and suffering, many people use the per diem or per day method. This is a relatively simple way to calculate the amount of pain and suffering that someone has experienced. An injured person’s average earnings are used to determine the daily rate. For instance, a personal injury
attorney in Crawfordsville, IN may claim that whatever money the harmed individual earned each day before the incident reasonably determines pain and suffering compensation.
For instance, a person making $10 an hour got injured and suffered for seven days. The calculation is $10 x eight hours x seven days. Damages are then determined to be $560. Remember that this is only an estimate.
Factors Affecting the Daily Rate
Several factors can affect the daily rate of pain and suffering. The intensity of the pain is one of the most important. If the pain is particularly severe or debilitating, it will likely result in a higher rate. Additionally, the longer the person suffered, the higher the daily rate. The location of the pain can affect the rate.
The victim’s age is another factor. A younger person is likely to experience more pain and suffering than an older one. This is because a younger person is likely to have a longer life ahead of them and endure the pain for a longer time.
How a Pain and Suffering Lawyer can Help Your Claim
If you have been injured in an accident, you may be entitled to compensation for your pain and suffering. A pain and suffering lawyer can help you file a claim and negotiate a settlement. They will review your case and determine the damages that you are owed. They will also represent you in court if necessary.
If you are considering filing a pain and suffering claim, you should contact a lawyer as soon as possible. They will be able to advise you on the best course of action.
Taylor, Chadd, Minnette, Schneider and Clutter P.C. will help you gather evidence and build a strong case.
Contact us today to get started on your claim.