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An accident can leave you grappling with deep emotional turmoil and psychological distress that can linger for years. These unseen wounds, legally recognized as “pain and suffering,” are not just unfortunate side effects; they’re compensable damages under personal injury law.
But how do you put a price on such intangible hardships? That’s where our experienced injury attorneys at The Morgan Law Group come in.
By understanding how pain and suffering compensation is calculated, you can arm yourself with the knowledge to pursue the full amount you rightfully deserve, ensuring that justice addresses every facet of your ordeal.
What Is Pain and Suffering?
Pain and suffering refers to the non-economic damages that an injured party experiences following an accident. Unlike economic damages, which cover tangible losses like medical expenses and lost wages, pain and suffering encompass the intangible consequences of an injury.
These damages are divided into two main categories: physical pain and suffering and mental pain and suffering.
Physical Pain and Suffering
Physical pain and suffering pertain to the actual physical discomfort and pain an individual experiences as a direct result of the injuries sustained in an accident. This category is not limited to the pain felt immediately following the incident; it also includes any detrimental effects that an individual might endure in the future due to the injuries.
Common examples include:
- Chronic pain that may persist for months or even years.
- Discomfort associated with recovery from surgery or other medical interventions.
- Long-term complications that affect mobility, dexterity, or overall physical ability.
- The aggravation of pre-existing conditions that were stable before the accident.
Mental Pain and Suffering
Mental pain and suffering result from the injured person’s bodily injuries but are psychological in nature. This category includes a broad spectrum of emotional and mental effects an accident and subsequent physical injuries can have on a victim. Examples include:
- Psychological trauma such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Emotional distress, including feelings of fear, embarrassment, or humiliation because of disfigurement or disability.
- Loss of enjoyment of life, which refers to the diminished ability to enjoy the day-to-day activities and pleasures of life that were once taken for granted.
- Other emotional reactions, such as sleep disturbances, mood swings, or loss of appetite.
Quantifying pain and suffering poses a significant challenge in personal injury cases because these damages are not easily measurable in monetary terms. Detailed documentation and expert testimonies can paint a clear picture of how the injury has impacted one’s life.
Methods of Calculating Pain and Suffering Compensation
In personal injury cases, calculating compensation for pain and suffering is a nuanced process that must account for the intangible and non-economic aspects of a plaintiff’s injuries. The goal is to assign a monetary value to suffering that doesn’t have a direct financial cost.
Attorneys and insurance adjusters typically use one of two methods to compute these damages: the Multiplier Method and the Per Diem (Daily Rate) Method.
Multiplier Method
The Multiplier Method is widely utilized due to its straightforward approach. This technique involves taking the sum total of all economic damages—such as medical expenses, therapy costs, and lost wages—and multiplying this figure by a number generally between 1 and 5.
The exact multiplier used depends on several factors:
- Severity of the Injury: More severe injuries result in a higher multiplier because they typically involve more extensive medical treatment and a longer period of recovery.
- Long-term Implications: Chronic conditions or permanent disabilities can elevate the multiplier as these conditions impact the individual’s quality of life and ability to earn a living.
- Impact on Daily Living: Injuries that drastically alter an individual’s lifestyle, such as those that hinder mobility or cognitive functions, might also warrant a higher multiplier.
Per Diem Method (Daily Rate)
The Per Diem Method offers a different approach by assigning a daily value to the victim’s pain and suffering. The premise is to equate each day the victim suffers to a certain monetary amount, typically related to the victim’s daily earnings. For example, if a victim earns $150 per day, the same amount could be argued as the cost of a day’s pain and suffering.
This method applies a daily rate from the date of the injury until the injured party reaches what is termed “maximum medical improvement” (MMI), the point at which the individual is not expected to further recover. Key considerations for this method include:
- Duration of Pain: Longer recovery times will result in higher total compensation as the daily rates accumulate over more days.
- Severity and Persistence of Pain: Daily rates may vary based on how debilitating the pain is during the recovery process.
In both methods, expert testimony can play a pivotal role. Medical experts can testify regarding the nature of the injuries and the expected recovery process, while economic experts might provide insights into the long-term financial impacts of an injury.
Get the Right Amount of Compensation with the Help of our Injury Attorneys
Navigating the complexities of pain and suffering compensation demands skilled legal competence. The Morgan Law Group is adept at securing just compensation for those who have suffered due to others’ negligence. Our personal injury attorneys understand the profound impact injuries have on your life and are here to ensure that every aspect of your suffering is acknowledged and compensated.
If you’ve been injured, don’t settle for less than you deserve. Call us today for a free consultation or contact us through our online form to discuss your case and explore how we can help you achieve the compensation necessary to restore your quality of life.
