The consequences of experiencing a serious personal injury can include physical, financial, and emotional hardships. As such, the law allows victims of another person’s negligent or intentional wrongdoing to seek compensation for both economic (medical expenses, lost wages, property replacement) and non-economic damages, such as pain and suffering. However, assigning value to the latter can be challenging. If you’re including this type of loss in a claim, the following guide will help you understand the process of calculating a fair dollar amount.
How Are Pain & Suffering Damages Determined in Personal Injury Settlements?
The Multiplier Method
In most personal injury cases, the multiplier method is used to quantify pain and suffering damages. This involves taking the total economic loss incurred and multiplying this figure by a number from one to five, which is decided based on the severity of the injury.
Generally, higher multipliers signify more serious injuries. For example, victims of a traumatic brain injury will often have long-lasting and life-changing repercussions, so they’re likely to receive a larger settlement.
The Per Diem Method
Less frequently used is the per diem method, where a dollar figure is assigned to each day the personal injury victim experiences pain and suffering as a result of their accident. This is calculated from the date the injury occurred to the date when maximum medical improvement is achieved. In turn, settlements are higher for those who have more severe injuries that require a longer recovery period.
How Does an Attorney Prove Pain & Suffering?
Being able to prove pain and suffering is key to a successful settlement. When receiving treatment, be sure to communicate your pain and discomfort with health care professionals. This will become part of your medical records, providing more credible evidence to support your claim.
It’s also helpful to have a doctor’s prognosis of how long your pain is likely to last. Additionally, you should keep a journal that details how the injury has affected your quality of life and gather statements from loved ones explaining the struggles you’ve faced.
When you’re negotiating a personal injury settlement, working with a seasoned attorney from Gregory S. Young Co. L.P.A. will significantly increase your chances of a favorable outcome. We provide skilled advocacy for residents throughout the Greater Cincinnati, OH, area and will ensure your claim is properly valued. For more than 60 years, our family-owned law firm has remained committed to fighting for the full compensation each client deserves. Call 513-721-1077 to request a free case evaluation or contact us online for more information on how we’ll help you recover maximum damages.
