Pain and Suffering

The type and severity of injuries play a significant role in determining the extent of pain and suffering. More severe injuries that result in greater physical pain, emotional distress, and long-lasting effects are likely to result in higher non-economic damages.

The impact of the injuries on the victim’s daily life is a crucial factor. This includes assessing how the injuries affect the victim’s ability to work, engage in daily activities, and enjoy life. For example, if the injuries lead to a diminished quality of life or the inability to participate in hobbies or social activities, it may contribute to higher pain and suffering damages.

The length of time it takes for the victim to recover is considered. Prolonged periods of pain, rehabilitation, and recovery may contribute to increased non-economic damages.

If the injuries have long-term or permanent effects on the victim’s life, such as chronic pain, disability, or disfigurement, it may impact the evaluation of pain and suffering. Future suffering and the need for ongoing medical treatment are also considered.

The multiplier method is a common approach to calculate pain and suffering damages. Economic damages (such as medical expenses and lost wages) are totaled, and then a multiplier (ranging from 1.5 to 5) is applied. The multiplier is determined based on the factors mentioned above, with more severe injuries generally warranting a higher multiplier.

In the per diem method, a daily rate is assigned to the pain and suffering experienced by the victim. This rate is then multiplied by the number of days the victim endured pain and suffering due to the injuries.

To support a pain and suffering claim, it is essential to provide thorough documentation and evidence. This may include medical records, expert testimony, the victim’s own account of the impact of the injuries, statements from witnesses, and any other relevant documentation.

An experienced personal injury attorney can play a crucial role in evaluating and presenting a pain and suffering claim. My 305 Attorneys have the knowledge and expertise to navigate the legal complexities, negotiate with insurance companies, and advocate for the victim’s rights in court, if necessary.