Main Methods Of Calculating Pain And Suffering In A Personal Injury Claim

While determining economic damages in a personal injury case is relatively easy, putting a dollar amount to pain and suffering can be complex. 

Let’s face it, the experience of such issues is purely subjective and may vary wildly between two people. For instance, someone may simply brush off any physical pain after a car accident, while another person may be completely traumatized and require extensive counseling to come to terms with what happened.

This is why legal professionals and insurance adjusters use a variety of methods when calculating pain and suffering to get an accurate value.

How pain and suffering is calculated?

There are various methods of calculating pain and suffering, often used in different circumstances. Feel free to consult a personal injury attorney who will determine the best way to quantify non-economic damages and figure out the appropriate settlement amount. 

Some of these methods include:

1. Multiplier method

Pain and suffering calculation is frequently accomplished through the multiplier method. It involves taking economic (or quantifiable) damages, such as medical costs, property damage, and lost wages, and multiplying them by a number between one and five. 

The number by which you multiply depends on the factors of the accident, like the circumstances (percentage of fault), the severity of the injuries, and how long it will take to make a full recovery. The multiplier number is relatively simple: more serious injuries such as traumatic brain injury are assigned higher numbers, while benign injuries such as bruises are assigned a lower number.

For example:

If your medical bills amount to $6k and you lost $2k from missing work, your economic damages total $8k. Say you suffered lacerations and multiple fractures in the accident and require extensive treatment. Your attorney will use four as your multiplier and multiply it with your economic damages to get to the amount of $32k - your non-economic damages.

2. Per diem method

In contrast to the first method, the per diem method is employed for quantifying damages by providing a figure for each day you are suffering from your injuries. Most often, the figure used will be the daily monetary figure lost due to missed work. 

For logical reasons, this method is best suited for calculating pain and suffering in short-term injuries. 

It’s also worth noting that this figure needs to be based on reality, so you should substantiate the amount you’re seeking with documentation. 

3. Software-based calculations

Many insurance companies use specialized software to calculate damages for personal injury claims. The most popular, Colossus, evaluates a variety of factors in a claim such as injuries and uses an algorithm to calculate the non-economic damages. 

What type of non-economic damage awards can you recover?

Pain and suffering are not the only types of damages you can recover. Depending on the circumstances of the case, you may be able to recover compensation for the following:

• Mental anguish
• Loss of consortium
• Loss of quality of life
• Permanent and temporary disability
• Intellectual disabilities
• Disfigurement and scarring

According to Florida’s negligence laws, there are no limits on the amount of pain and suffering in wrongful death or personal injury cases. There is a limit set at $200k for claims against the local government or the state.

How to prove a claim

With the knowledge of pain and suffering calculation and the types of damages you can recover, a natural question presents itself:

How to prove a claim?

In most cases, your recollection won’t be enough to make certain you receive a pain and suffering settlement. Fortunately, your attorney will assist you by collecting evidence that corroborates your account, like:

1. Witness statements

If the accident occurred in a public space, there’s a high probability that plenty of eyewitnesses saw and recorded the event. Even in cases where there were no witnesses, like in a malpractice or work injury, coworkers and employees of the medical institution can provide testimony on the work conditions. 

2. Expert witness testimony

Experts in relevant fields can also substantiate your case by providing their informed opinion on different aspects of the accident or your injuries. For instance:

• Vocational expert can evaluate your working capacity and provide a report that clarifies whether or not you’ll be able to return to work. 
• Medical expert can examine your injuries and determine what type of treatment you require. More importantly, they can clarify how long it will take for you to recover.
• Accident reconstruction expert can utilize the available evidence to reconstruct the accident, which helps demonstrate the opposing party's liability.
  
  

3. Documentation

Documents will go a long way in supporting your case. These can come from numerous sources, including accident reports, medical records, depositions, etc. There’s always a possibility that the liable party’s attorney has information that can substantiate your claims. As such, your attorney may exchange information with the other attorney to ensure the widest possible coverage. 

4. Photographic and video evidence

You may have taken photos or videos of the accident scene already. Still, your attorney may seek out other recordings from third-party witnesses, traffic cameras, dash cams, and any surveillance cameras in the area. 

How a personal injury attorney can help you

Calculating pain and suffering after an accident can get too complex too fast, especially in cases that involve substantial injuries. Many people make the mistake of doing it alone and end up miscalculating the amount, sadly, leaving substantial amounts of money on the table.

This is your only opportunity to seek compensation - you can’t file another claim once you find you need more money to cover your costs. To ensure a positive outcome, hire a personal injury attorney who will take care of all the different facets of your case while you focus on your recovery. 

The skills of the attorney matter, so we recommend reaching out to the best personal injury lawyers in Florida at the Law Offices of RITE. With multiple decades of combined experience, we have the knowledge and the experience to go head-to-head with even the toughest insurance companies. 

We truly believe in your right to justice and are ready to fight to the bitter end until you’re adequately compensated for what you went through. 

Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com to schedule a free case evaluation. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.