If somebody gets hurt as a result of another’s carelessness, they have the right to get paid. This payment does not only include the actual losses, such as hospital bills and salaries lost, but also incorporates the concept of emotional distress for the person. It is a challenging job to assign a number that represents emotional discomfort, physical pain and suffering, and the overall effect on the quality of life.
In a personal injury claim, there are various ways of calculating the damages for pain and suffering. This article will discuss these methods thoroughly to give an understanding of their workings and the factors that affect their computation.
Multiplier Method: A Widely Accepted Approach
Calculating pain and suffering damages by multiplying the actual damages of the victim (medical expenses as well as lost salaries) by a certain number, generally between 1.5 and 5, is what the multiplier method is all about. This figure depends on the extent of the injuries and how they will affect a victim’s life in the future.
For example, if the costs of a victim’s medication, medical checkups and inability to work add up to $50,000 and their injuries need a 3-times multiplier, the estimated figure for their pain and suffering would amount to $150,000 (3 x $50,000). The multiplier varies directly with the intensity of the injuries and the manner in which they change the victim’s life.
Per Diem Method: Assigning a Daily Rate
The per diem method, another frequently used method, uses a daily rate of each day’s pain and suffering for the calculation of damages. This rate depends on the severity of the injury, the length of time needed for the victim’s rehabilitation, and how it affects their ability to perform everyday functions. It may be based on factors like the seriousness of the injury, how long it takes to get better, and how significantly it impairs getting back to the person’s normal life activities, among others. The sum is then arrived at after multiplying the number of days that one was in pain and suffering.
For example, suppose that the daily rate is $200 and the victim has suffered for 180 days, the calculation for pain and suffering damages will be $36,000 (180 days x $200 per day).
The calculation of pain and suffering damages is influenced by various factors; therefore, experienced attorneys carefully assess these factors deciding on the right method and amount.
These factors are:
- The injury’s magnitude: Generally, more severe injuries would earn the victim higher awards for pain and suffering.
- Time taken to recover: Longer recovery durations usually result in higher pain and suffering compensation.
- Effects of long-term: Permanent disabilities or disfigurements can significantly affect the quality of life and future earning potential of the victim, leading to greater compensation.
- Impact on daily life: Injuries that considerably cause immense disruptions to the victim’s day to day activities or pleasure in hobbies do give rise to increased pain and suffering compensation.
- Age of the victim: Victims of different ages are paid different amounts. Young victims receive more money because they are sick longer.
Experienced attorneys carefully evaluate these factors in order to figure out the right way and amount for assessing the pain and suffering damages.
Conclusion
Calculating damages for pain and suffering represents an integral part of personal injury claims, this reflects the monetary injuries borne by a victim apart from economic ones. Despite the lack of one formula for everyone, popularly accepted approaches like the multiplier method or the pier diem method allow one to arrive at equitable compensation amounts. It is important to take into account the individual facts of each particular case as well as other factors affecting its reckoning.
Seeking advice from a knowledgeable personal injury lawyer will make sure that those who suffered get the right compensation for the harm done to them physically, emotionally, and financially by other people’s carelessness.
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