Personal Injury Lawyer Tip: Calculating Damages for Pain and Suffering

If you have been victimized by a personal injury caused by either a motor vehicle accident or negligence, you are eligible for compensation. The negligent party or the insurance company should pay up for your damages. Now, on winning a case in the civil court, you are compensated for monetary losses like medical expenses, loss of wages, etc. What remains unaddressed and often difficult to prove and establish are the non-monetary damages.

Pain and suffering are the damages that need to be compensated for as well. But there's no easy way to translate that into monetary terms. Let us discuss in details about what these damages are all about and how are they calculated by an ESQ.

What are Pain and Suffering Damages?

Pain and suffering damages constitute the damages that take place apart from the injuries. Financial compensation for these damages is necessary because the victim has gone through a difficult time dealing with the trauma. The victim wouldn’t have suffered these if it was not for the accident and this makes the compensation necessary.

In most cases, it is a compensation for the anxiety and agony that can contrarily never be paid for.

How are Pain and Suffering Damages Calculated?

Your personal injury attorney has to take several factors into consideration in establishing your eligibility for a claim. The claims can be a bit tricky because the standards of measurement are often abstract and ambiguous. Following are some of the factors based on which a compensation for pain and suffering is determined:

• The severity of the injuries (Mental or physical)
• The amount of time taken for the injuries to heal
  
• The extent of the impact of the injuries on life, career, relationship etc.
  
• The overall discomfort and difficulty encountered due to the injury
  
• The type of medical treatment necessitated by the injury
  

Methods of Calculating Pain and Suffering

An attorney at law typically calculates your pain and suffering in monetary terms to derive an amount that is considered fair and just. The calculation is done using different methods as follows:

• The most common is the multiplier method, which is (Past and future medical bills) X (Multiplier) + (Total of all economic damages) = Reasonable settlement amount. In this method, the multiplier can be any number between 1.5 and 5, and it depends on the severity of the injuries.

• The second most popular method is the “Per Diem” method. In this, a daily figure is used to calculate the pain and suffering damages. The victim is paid an estimated amount each day from the time of the accident till the maximum medical improvement. It can be something in the order of $100 a day.
  

While these are the common modes of calculation, insurance companies may take an altogether different approach for each case. In most cases, the damages, both economic and non-economic are limited to the insurance policy coverage limits only.

All said and done, pain and suffering are subjective, ambiguous and therefore, difficult to calculate. It is necessary for a victim to seek the professional guidance of a personal injury lawyer. A lawyer has the expertise to maximize the extent of your claim. He strives hard to ensure that all the losses are duly covered and that the adequate amount is settled at to cover your pain and suffering.

The Law Offices of Alvin de Levie are always ready to hear your case! If you would like to know what kind of amount you can claim for your accident, contact a personal injury lawyer today at 844-777-2529.