When a person is injured in an accident, they may be able to recover damages for their pain and suffering. Pain and suffering damages are intended to compensate the injured person for the physical and emotional anguish they have experienced and will continue to experience as a result of the accident.
Calculating pain and suffering damages can be difficult, as there is no set formula for doing so. However, there are a few methods that can be used to help calculate an appropriate amount of damages. This article will discuss some of those methods and offer a few tips on how to calculate pain and suffering damages.
What Are Pain and Suffering Damages?
Pain and suffering damages are a type of compensation that can be recovered in a personal injury lawsuit. These damages are intended to address the physical and emotional anguish that the injured person has experienced and will continue to experience as a result of the accident.
Pain and suffering damages are sometimes referred to as “noneconomic damages,” as they are not intended to reimburse the injured person for any specific financial losses. Instead, they are meant to address the more intangible effects of an injury. Click here to talk to an expert about your personal injury case.
What Types of Losses Are Included in Pain and Suffering Damages?
Pain and suffering damages can include a wide range of losses, including:
Physical pain and suffering: This can include the physical pain and discomfort that the injured person has experienced and will continue to experience as a result of the accident. It can also include any physical limitations or disabilities that the person has as a result of the accident.
Emotional pain and suffering: This can include the emotional anguish and distress that the injured person has experienced and will continue to experience as a result of the accident. It can also include any mental or emotional limitations or disabilities that the person has as a result of the accident.
Loss of enjoyment of life: This can include any loss of enjoyment or satisfaction that the injured person has experienced and will continue to experience as a result of the accident.
Methods for Calculating Pain and Suffering Damages
There is no set formula for calculating pain and suffering damages. Instead, the amount of damages that an injured person can recover will depend on the specific facts and circumstances of their case.
That said, there are a few methods that can be used to help calculate pain and suffering damages. These methods include:
The Multiplier Method: This method involves multiplying the injured person’s economic damages (such as medical bills and lost wages) by a number between 1.5 and 5, depending on the severity of the injury.
The Per Diem Method: This method involves calculating the daily rate of the injured person’s pain and suffering damages based on their total damages. This daily rate is then multiplied by the number of days that the person is expected to suffer.
The Incident Method: This method involves adding up all of the different types of pain and suffering damages that the injured person has suffered as a result of the accident (such as emotional distress, physical pain, and loss of enjoyment of life) and then dividing that total by the number of incidents that caused the damages (such as the number of surgeries required or the number of days spent in the hospital).
Tips for Calculating Pain and Suffering Damages
There are a few things to keep in mind when calculating pain and suffering damages. These tips can help ensure that the damages are calculated accurately:
Keep track of all medical treatment: It is important to keep track of all medical treatment that is related to the accident, as this will be used to calculate the economic damages. This medical treatment can include things like doctor’s visits, surgeries, and hospital stays.
Keep track of all lost wages: It is also important to keep track of all lost wages that are related to the accident. This can include things like missed work days, lost overtime, and lost earning potential.
Keep track of all other losses: In addition to medical expenses and lost wages, it is also important to keep track of any other losses that are related to the accident. This can include things like property damage, loss of enjoyment of life, and emotional distress.
Get expert help: Calculating pain and suffering damages can be complicated. As such, it is important to get expert help when calculating these damages. An experienced personal injury lawyer will be able to help calculate the appropriate amount of damages.
Other Factors Affect the Value of a Pain and Suffering Claim
In addition to the methods discussed above, there are a few other factors that can affect the value of a pain and suffering claim. These factors include:
The severity of the injury: The more severe the injury, the higher the value of the pain and suffering claim is likely to be.
The length of the recovery: The longer the recovery, the higher the value of the pain and suffering claim is likely to be.
The impact on the victim’s life: The greater the impact on the victim’s life, the higher the value of the pain and suffering claim is likely to be.
The age of the victim: The younger the victim, the higher the value of the pain and suffering claim is likely to be.
The income of the victim: The higher the income of the victim, the higher the value of the pain and suffering claim is likely to be.
Conclusion
Calculating pain and suffering damages can be difficult, as there is no set formula for doing so. However, there are a few methods that can be used to help calculate an appropriate amount of damages. This article has discussed some of those methods and offered a few tips on how to calculate pain and suffering damages.
Besides, Royce Law is always there to advice you for any personal injury law case but serve specifically the people from Kansas City, Missouri. Still, if you feel like talking with a professional law expert for your personal injury case, visit their website and request a call back.
