An accident may leave you with more damage than medical bills and vehicle repairs. Your mental health may never be the same after experiencing a severe accident. Below, we discuss the different methods used to calculate pain and suffering and the evidence you need to support it so that you can pursue compensation.
Do not hesitate to contact the experienced team at Peter T. Nicholl Law Offices for help with your claim. During a free, no obligation consultation, we will determine if you have grounds to pursue compensation for pain and suffering.
Pain and suffering refers to the physical and emotional pain that you sustained as a result of the injuries. It includes such factors as:
Insurance adjusters are not required to use any particular method to determine the value of pain and suffering. These damages are subjective in nature, so two different adjusters may arrive at different potential values. If the case goes to trial, juries are often told to consider how they would value their own pain and suffering in that particular situation.
Below, we discuss the two common methods used to calculate pain and suffering.
The most common way to determine the value of pain and suffering is to multiply your other damages (like medical expenses) by a multiplier. Multipliers between one and five are common. For example, if you had $50,000 of medical expenses and a 1.5 multiplier was used, your pain and suffering would be valued at $75,000. Higher multipliers are usually used when the injury is more severe.
The per diem method assigns a certain daily rate for your pain and suffering and multiplies this amount by the days of your recovery period. For example, if the per diem value for pain and suffering is $1,000 and the plaintiff endured pain and suffering for 30 days, this aspect of his or her claim would be worth $30,000.
For either of these methods, the most important figure is the value of the multiplier or the per diem amount. This number may be higher if any of the following are present:
The number may be lower if any of the following factors are present:
It is helpful if you have objective evidence to help support your pain, such as:
If you were injured in an accident and would like a detailed review of the potential value of your claim, you need a knowledgeable personal injury lawyer on your side. The experienced personal injury team at Peter T. Nicholl Law Offices can help you fight for a fair settlement for your pain and suffering and other damages.
Contact us today to schedule a free consultation.