When you’re injured in an accident, the physical pain and emotional distress can be just as overwhelming as the financial costs. Fortunately, you may be able to receive compensation for the pain and suffering you experienced as a result of the accident.
The amount of money you can receive for pain and suffering depends on many things, like how badly you were hurt, how long it takes you to recover, and how the injury has affected your everyday life.
Knowing how pain and suffering are calculated can help you better understand what your claim might be worth. Our Camden personal injury lawyers explain how these damages can be calculated.
What Are Pain and Suffering Damages in a Personal Injury Claim?
Pain and suffering damages refer to the physical discomfort and emotional distress a person experiences because of their injuries after an accident. These are considered non-economic damages because they don’t come with a fixed price tag. A receipt can’t be shown for weeks of back pain, sleepless nights, or the anxiety that makes it hard to leave the house.
These damages can include chronic physical pain, mental anguish, depression, PTSD, loss of enjoyment of life, and even the strain an injury puts on relationships with family and friends. If your injury prevents you from doing the things you once loved, you may be entitled to compensation for that loss.
How Pain and Suffering Are Calculated
There’s no exact science to calculating pain and suffering damages, but that doesn’t mean your suffering isn’t real or that it can’t be valued. When it comes to calculating pain and suffering, insurers and courts typically use two common approaches: the multiplier method and the per diem method.
1. The Multiplier Method
With the multiplier method, your economic damages are totaled and then multiplied by a number that reflects the severity of your injury. That number, often between 1.5 and 5, is based on factors like how serious your injury is, how long your recovery takes, and whether there are lasting effects like chronic pain or permanent disability.
2. The Per Diem Method
This approach assigns a daily dollar amount to the pain and discomfort you experience during your recovery. The idea is to compensate you for each day that your injuries impact your life.
Factors That Influence How Damages Are Calculated
Each case is different, and many factors can affect the final number. Here are some of the key factors that determine how damages are calculated.
- The Severity of Your Injury: More serious injuries lead to higher pain and suffering damages. A broken leg that requires surgery will likely result in more compensation than a mild sprain. The more painful and disruptive the injury, the more it tends to be worth in a claim.
- Length of Recovery: If your recovery takes months or if you will never fully recover, your damages may be higher. A longer healing time usually means more ongoing pain, more doctor visits, and a greater impact on your daily life.
- Permanent Effects or Scarring: If the injury leaves you with a permanent disability or visible scars, this can increase the amount of compensation. Permanent changes to your body or abilities often come with long-term emotional and psychological pain.
- How the Injury Affects Your Daily Life: Can you still do your job? Play with your kids? Enjoy your favorite hobbies? If your injury has changed how you live your life, this can be a strong factor in your case. The more disruption to your everyday routine, the higher your potential pain and suffering damages will be.
- Medical Treatment and Medications: The type and amount of treatment you receive can also influence how pain and suffering are calculated. If you’re going through surgery, physical therapy, or need ongoing medication to manage pain, it shows that your injury is serious and continues to affect you.
Mistakes to Avoid in a Personal Injury Claim
One common mistake people make in a personal injury claim is underestimating the value of their pain and suffering. After an accident, it’s natural to want to move on quickly and not dwell on the trauma, but downplaying what you’re going through can lead to a much lower settlement than you deserve.
Another common mistake is failing to keep track of your symptoms and experiences. Without consistent documentation, it becomes difficult to show the progression of your pain, how it affects your daily life, or the emotional toll it’s taken.
Lastly, waiting too long to take legal action can be costly. Not only are there legal deadlines, but waiting also gives the defense more room to argue that your injuries weren’t serious or were caused by something else. The sooner you consult with a personal injury lawyer, the better positioned you’ll be to build a strong and well-supported claim.
How a Personal Injury Lawyer Can Help
Your lawyer will start by gathering important evidence. This includes medical records, accident reports, and statements from doctors. They will help show the extent of the pain and suffering you’ve endured.
A lawyer also knows how insurance companies work. They will deal with them so you don’t have to. They will fight to get you the full amount you deserve, not just what the insurance company wants to pay.
If your case needs to go to court, your lawyer will represent you. They will build a strong case and speak for you in front of a judge or jury.
Contact our Personal Injury Lawyers
If you’re wondering how to calculate damages for pain and suffering in your personal injury claim, contact an experienced attorney. At Savage, Royall & Sheheen, LLP, we’re here to listen, guide, and fight for you. Contact us at 803-432-4391 to request a consultation.